(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Archives of Maryland"

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/archivesofmaryla13brow 



y 









ALLEN COUNTY PUBLIC LIBRARY 



833 01836 747 



GC 

975.2 

AR2 

V.13 



ARCHIVES OF MARYLAND 



PROCEEDINGS AND ACTS 



OF THE 



General Assembly of Maryland 



APRIL, 1684 — JUNE, 1692 



Published by Authority of the State, under the Direction 
of the Maryland Historical Society 



WILLIAM HAND BROWNE 
Editor 




BALTIMORE 

Maryland Historical Society 

1894 



PRESS OF THE FRIEDENWALD COMPANY, 
BALTIMORE, MD. 




TO THE READER OF THIS 
VOLUME 

Kindlv handle this book with the utmost 
care on account of its fragile condition. 
The binding has been done as well as pos- 
sible under existing conditions and will 
give reasonable wear with proper opening 
and handling. 

Tour houghtf illness will be appreciated 



13C2461 



%. Rooms of the Maryland Historical Society, 

Baltimore, November 20, 1894. 

To the Maryland Historical Society : 

Gentlemen : 

We have the honor to submit the ThirteenthJ^olume of the Maryland 
\J Archives, being the Proceedings and Acts of the General Assembly, 
April, 1684-June, 1692. 

Respectfully, 

Henry Stockbridge, 
Bradley T. Johnson, 
Clayton C. Hall, 

Committee. 



ARCHIVES OF MARYLAND. 



The following volumes have been published : 

I. 

Proceedings and Acts of the General Assembly, i 637/8-1 664, 1883 

II. 

Proceedings and Acts of the General Assembly, 1 666-1 676, - 1884 

III. 
Proceedings of the Council, 1636-1667, 1885 

IV. 

Judicial and Testamentary Records of the Provincial Court, 

1637-1650, ..... 1887 

V. 
Proceedings of the Council, 1 667-1 687/8, 1887 

VI. 

Correspondence of Governor Horatio Sharpe, I, 1 753-1757, - 1888 

VII. 

Proceedings and Acts of the General Assembly, 1678-1683, - 1889 

VIII. 
Proceedings of the Council, 1 687/8-1 693, 1890 

IX. 

Correspondence of Governor Horatio Sharpe, II, 1 757-1 761, 1890 

X. 

Judicial and Testamentary Records of the Provincial Court, 

1650-1657, 1891 

XL 

Journal of the Maryland Convention, July 26-Auc 14, 1 775 ) 
Journal and Correspondence of the Council of Safety, Aug. I 1892 
2 9. 1775-July 6, 1776, ) 

XII. 

Journal and Correspondence of the Council of Safety, July 7- 

Dec. 31, 1776, 1893 

XIII. 
Proceedings and Acts of the General Assembly, 1 684-1 692, 1894 



PREFACE. 

The present volume continues the Proceedings and Acts of the 
Assembly from April, 1684, to June, 1692. The continuity is broken 
by the revolutionary outbreak of 1689, no journal of the Associators' 
Assembly having been preserved. To fill this gap to some extent 
we have inserted copies of documents preserved in the Public Record 
Office, London; but for fuller details the Council Records must 
be consulted. This revolutionary Assembly, which handed over the 
Province to the King, was succeeded by one elected under the 
new order of things, and presided over by Lionel Copley, the first 
royal governor, which, among other fundamental changes, repealed 
all existing statutes in mass, and promulgated a new code, which is 
here given in full. 

The sources for the session of 1684 are the original journals of the 
two Houses, small unbound cahiers; that of the Lower House being in 
a damaged condition, but missing words have been supplied from a 
later copy. 

Of the session of 1686 no journal of either House has been pre- 
served, and we print the Acts only. Of the session of 1688 we have 
no Lower House journal, and for the Upper House only a copy made 
in the last century. The Acts of these three sessions are preserved in 
Lib. WH. 

For the important Assembly of 1692, we have the original journal of 
the Lower House, an unbound cahier, much damaged by damp and 
worms, but on the whole intelligible. Where possible, the text has 
been supplied from the Acts, or from the Upper House journal, which 
exists only in a later copy. Here and elsewhere such restorations are 
indicated by brackets. The Acts of this session are from Lib. LL, a 
copy made in 1695 at Whitehall from the original in the Plantation 
Office, as the colophon shows. 

There seems hardly occasion for explanatory notes. The reader 
may observe, on p. 126, the naturalization of De la Grange, Dankers, 
Sluyter, and Bayard, the Labadists, whose settlement at Bohemia 
Manor forms a singular chapter of Maryland history. On p. 90, 1. 8, 
the contraction "pvt pet" is for " prout petitur," " as is asked." The 
use of "Annapolis" on p. 328 is an obvious slip by the scribe of the 
late copy of the Upper House Journal. 

W. H. B. 



PROCEEDINGS AND ACTS 



OF THE 



GENERAL ASSEMBLY 
OE MARYLAND, 

At a session held at St. Mary's, April 1-26, 1684. 

CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

HIS LORDSHIP IN PERSON. 



THE UPPER HOUSE OF ASSEMBLY. 



Anno 1684 u. h. j. 

Original. 

Journall of the Upper house of Assembly P- 1 

At a Generall Assembly p Proclamation bearing date the 
[tenth] day of July Anno Dni 1682 : appointed to beginn and 
be holden [at the] City of S c Maries the Twelfth day of October 
then next following p Proclamation bearing date the Ninth 
day of September 1682 prorogued unto the Twenty fourth 
day of October then next following And from thence p Pro- 
clamacon bearing date the said Twenty fourth day of October 
further prorogued untill the Twenty sixth day of the same 
month, At which said Twenty Sixth day of October 1682, the 
said Assembly mett and sate at the said City of S' Marys and 
there Continued untill the seaventeenth day of November 
then next following and was from thence then prorogued 
untill the first Tuesday in March then next following, and p 
Proclamacon bearing date the Three and Twentyeth day of 
January 1682, prorogued unto the Eighth day of May then 
next following. And by Proclamacon bearing date the Third 
day of Aprill Anno Dni 1683 was prorogued unto the fourth 
day of September then next following. And p Proclamacon 
bearing date the Sixth day of July: Anno Dni 1683: was fur- 
ther prorogued unto the first Tuesday in October following to 
meete at the Ridge in Ann Arundell County at which said 
first Tuesday in October last past the said Assembly mett and 
sate at the Ridge in Ann Arundell County and there Con- 
tinued untill the day of last past and was from 
thence adjourned unto this ffirst day of Aprill And p Procla- 
macon bearing date the fifteenth day of ffebruary last past 
appointed to sitt and meete att the City of S' Marys this said 
ffirst day of Aprill 1684 Att which said day the said Assembly 
accordingly mett at the said City of S' Marys Where appeared 
in the Upper house Viz' 

{Coll Henry Coursey The Hon ble Majo r Nicholas Sewall 

Coll Henry Darnall John Darnall Esq r 

Being mett and the house called Adjourne till to morrow 
morning Tenn of the Clock 



4 Assembly Proceedings, April 1-26, 1684. 

S' *■]• '. Aprill 2 d 1684: 

Original. ^ t 

p ' 2 Upper house mett P r sent 

The Right Hon ble the Lord Prop ry 
Coll Henry Coursey Majo r Nicholas Sewall 

The Hon ble Coll Henry Darnall The hon ble John Darnall Esq r 

Adjourne till to morrow morning Term a Clocke. 

Aprill 3 d 1684: 

Upper house mett p r sent 

The Right Hon ble the Lord Prop ry 
f Coll Henry Coursey ( Majo r Nicholas Sewall 

The Hon ble -j Coll Henry Darnall The Hon ble ] John Darnall Esq r 
(_ Coll William Digges (_ 

Adjourne till to morrow morning Tenn a Clock 

Aprill 4 th 1684 

Upper house mett: P'sent 

The Right Hon ble the Lord Prop ry 
f Coll Henry Coursey f Majo r Nich Sewall 

The Hon ble \ Coll Henry Darnall The Hon ble 1 

Coll William Digges [John Darnall Esq r 

Coll Will m Stevens 

Notice given to the Speaker to attend his Lopp here with 
the Members of the Lower house: 

The Speaker and Members of the Lower house Enter 

His Lopp Declares to them the reasons of his meeting them 
at this time in manner following viz' 

Gentlemen of the Upper and Lower houses of Assembly. 
Tho I had not the satisfaction I reasonably expected at the 
meeting I gave you in Ann Arundel ; Yett I would not have 
you beleive my adjourning you to S' Marys was the effect of a 
dissatisfaction in me towards any persons here p'sent I must 
Confess the danger I saw our Temporary Lawes in, and the 
necessity of preserving them, forct me to adjourne when I 
thought to have prorogued you. That and my desires of 
being neer my owne home at this time, for the Setling of my 
private Affaires moved me to appoint the meeting here. And 
p. 3 now that I have by that adjournment continued the Tempo- 
rary Lawes till this time, I expect you will Consider it ought 
to care, as well as altogether mine that the Province be 

not left without those Lawes, that have beene hitherto thought 
use[ful] and necessary. 

For this reason it was I desired to meete you thus soone, 



Assembly Proceedings, April 1-26, 1684. 5 

as also to assure both my houses, that I am ready to Toine }{-. H .- J; 

1 • Ti i 1 • Original. 

in anything you cann reasonably expect at my hands, in 
relation to those Acts made perpetuall in the yeare 1676: 
Hopeing I shall see noe more irregular and unparliamentary 
way of proceedings in either of the houses ; such being not 
for the safety of those whome you come here to Serve : nor 
for the Hono r of this Assembly and for those reasons not 
fitting for me to yeild to: I doe promise on my part to be free 
plaine and very kind with you and the same (I hope) to 
deserve from you, for by that way of proceeding onely cann 
the Province reape that advantage and all of us that Satisfac- 
tion which cann be desired from this p r sent meeting. 

Tis with some difficulty that I must now acquaint you of my 
resolucons of goeing Speedily for England where the greate 
Exigency of my affaires, not my owne inclinations, nor love 
for that place doth now drawe me. It is to preserve my 
intrest and to settle my Child in an Vndisturbed right afore I 
die, that causeth me to resolve vpon this Voiage. 

Haveing given you this Assurance I hope you will beleive 
my stay there will be No longer, then the procureing a deci- 
sion of those matters you all knowe have beene the Subject 
of some diferences betwixt M r Penn and me. Those once 
happily ended, I shall soone returne to this place where it is 
my interest, as also my Inclination, and delight to be. 

Gentlemen, I have much busines, private as well as publick 
to settle afore I goe, for all which I cann hardly afford my 
selfe a full month ; a fortnight I am very willing to spend with 
both my houses of Assembly, that afore I leave you, I may see 
those things Settled to yo r satisfaccon, w ch may conduce to the 
good welfare, and security of the Inhabitants, whom you here 
represent off this I am soe extreamely desirous, that nothing 
shall be wanting on my part towards it. Adjourne for an 
houre. Mett againe as before and adjourned till to morrow p- 4 
Nine a Clock. 

Aprill 5 th 1684: 

Upper house mett and p r sent 
The Right Hon ble the Lord Prop ,y . 
f Coll Henry Coursey ( Coll William Stevens 

The Hon ble \ Coli Henry Darnall: The Hon ble 1 Majo r Nich° Sewall 

I Coll William Digges C John Darnall Esq r 

Upper house of Assembly Aprill 5 th 1684: 

His Lopp haveing Signified to this house the greate care 

and trouble he hath taken in fairly transcribing the Temporall 

and perpetuall Lawes of this Province for the peruseall and 

Examinacon of this Assembly hath likewise desired for his 



6 Assembly Proceedings, April 1-26, 1684. 

u. h. j. further Satisfaccon, and to p r vent the unnecessary delay of 
ngina ' Messages that the Lower house would resolve themselves into 
a grand Comittee and joine with this house in inspecting and 
Examineing the said Lawes or to appoint some of their mem- 
bers to ioine with some of the members of this house therein, 
to the end that they may receive the approbation, and Con- 
firmacon of this Assembly with his Lopps most gracious 
Assent thereunto. In Obedience whereunto this house doe 
propose that Munday next be appointed to doe the same 

Signed p Order John LLewellin CI Assembly: 

Sent to the Lower house p Coll Darnall: 
and Majo r Nicholas Sewall: 
They Returne: 
Adjourne till Monday Morning Eight a Clock: 

Aprill 7 th 1684: 

Vpper house mett, and P r sent 
f Coll Henry Coursey, C Coll W m Burges 

The Hon ble X Coll Henry Darnall: The hon ble \ Major Nich° Sewall 

( Coll Will: Stevens, ( M r John Darnall 

A Messuage from the Lower house p M r Thomas Burford 

Cap' Richard Hill, M r Clement Hill, and Cap' John Osbourne 

which they say was brought from their house on Saturday last 

p. 5 after the Adjournm' of this house and was carried back and 

there remained till the meeting of this house to day viz' 

Lower house of Assembly Aprill the 5" 1 1684: 
Voted that this house doe resolve themselves into a Grand 
Comittee on Monday morning next to meet the Upper house 
as is desired by the Message of this day by Coll Darnall and 
Majo r Sewall. 

Signed p Order Charles Botler Clk of the Lower house 

of Assembly: 

Upper house of Assembly Aprill 7 th 1684: 
This house have resolved themselves into a Grand Com- 
mittee and desire the Lower house to meet them in this house 
at Two of the Clock afternoone to inspect and Examine the 
lawes of this Province, according to the vote of both houses 
Signed p Ord r John LLewellin Clk of Assembly 

Sent to the Lower house p M r John Darnall. 
Hee Returnes 

Adjourne till Two a Clock to joine in grand Committee 
with the Lower house 

Mett againe as before and adjourned till to morrow morn- 
ing Nine a Clock: 



Assembly Proceedings, April 1-26, 1684. 

Aprill 8 ,h 1864. 

Upper house mett 
Present 
Coll Henry Coursey ") Majo r Nicholas Sewall 
The hon ble Coll Henry Darnall I M r John Darnall 

Coll William Stevens J Coll William Burgess 

Adjourned to the Grand Comittee of both houses. 
Mett againe in the Evening P r sent as before and Coll 
Thomas Tailler, Coll Vincent Lowe and Coll William Digges 
Adjourned till to morrow morning Seaven a Clock 



u. h. j. 

Original 



April 9 th 1684: 

Vpper house mett p r sent 
Coll Henry Coursey 1 Coll Henry DarnalH 
Coll Tho: Tailler I Majo r Nich Sewall V & Coll W m Burges 
Coll Vincent Lowe J M r John Darnall J 

Adjourne to the Grand Committee of both houses p. 

Mett againe from the Comittee and adjourned till to mor- 
row morning Seaven a Clock: 



Aprill 10 th 1684: 

Upper house mett P r sent 

SColl Henry Coursey f Coll William Digges 

Coll Tho: Tailler The hon ble X Majo r Nich° Sewall 

Coll Henry Darnall (_ M r John Darnall 

Adjourne to the Grand Comittee: 
Mett againe and adjourned till to morrow morning Seven a 
Clock 



Aprill 11 th 1684 

Upper house mett 

Coll Henry Coursey 

Coll Thomas Tailer 

Coll Henry Darnall 
The Hon ble <| Coll William Stevens )> Present: 
I Majo r Nich° Sewall j 
j M r John Darnall j 

L Coll William Burges J 

Adjourne to the Grand Comittee: 
Mett againe & adjourned till to morrow morning Seaven a 
Clock 



8 Assembly Proceedings, April 1-26, 1684. 

u.h.j. Aprill 12 th 1684 

Original. r ^ 

Upper house mett P r sent 
Coll Henry Coursey 
Coll Tho: Tailler 1 Majo r Nicholas Sewall 
The Hon ble Coll William Diggs I M r John Darnall 

Coll W m Stevens j Coll William Burges 

Adjourne to the Comittee: 
Mett againe and adjourned tilll after dinner about Three a 
Clock 

Upper house mett againe p r sent as before 
Adjourne till monday Morning Tenn a Clock 

Aprill 14 th 1684 

The Upper house mett 

P r sent 

p ' 7 f Coll Henry Coursey [ Coll William Stevens 

TV, h we j Coll Tho: Tailler J Coll William Digges 
ine non -j CoU Vincent Lowe \ MajV Nich o Sewall 

[ Coll Henry Darnall ^M r John Darnall 
Coll W m Burges 

Coll Vincent Lowe and Coll Henry Darnall sent out to 
their Comittee appointed to inspect & Examine the Tempo- 
rary Lawes Coll William Stevens & M r John Darnall likewise 
sent forth to their Comittee appointed for drawing up an 
Address to his L-p 

A Message -p Cap' John Osbourne & Majo r L°ng 

Lower house of Assembly Aprill 14 th 1684: 
This house desire the Upper house to appoint some of the 
members of their house to ioine with some of the members of 
this house in a Comittee to state the publick Accounts of this 
Province. 

Signed -p Order: Charles Botler Clke of the Lower 

house of Assembly. 

Adjourne till to morrow Nine a Clock in the morning 

Aprill 15 th 1684 

Upper house mett p r sent 

The Right hon ble the Lord Prop ry 

"1 Coll Henry Coursey "] Coll Will" 1 Stevens^ 

tu w we I Coll Thomas Tailler I Coll Will™ Digges I 
1 ne rion j» CoU Vincent Lowe > Ma j Qr Nich o Sewall > 

J Coll Henry Darnall J M r John Darnall J 
Coll William Burges. 



Assembly Proceedings, April 1-26, 1684. 9 

Coll Henry Darnall, Coll William Stevens and M r John u. h. j. 
Darnall Sent out to their Committees. Original. 

Upper house Aprill 15 th 1684: 
This house haveing already ioined withe the Lower house in 
Two Committees have not members enough now left to sett 
forth any more, but soe soone as there shall be any greater 
appearance in this house, this house will then appoint some 
one or more of their members to joine in Committee with p. 8 
some of the Lower house to State the publick Accounts as is 
desired by the Message of the Lower house Yesterday : 

Signed -p Order John LLewellin CI Assembly 

Sent by Majo r Sewall to the Lower house. 

The Committees appointed for drawing an address to his 
Lopp haveing concluded their Report is brought into this 
house p Coll William Stevens, and M r John Darnall two of 
the members of this house upon the said Comittee which was 
read, and the address to his Lopp also being as follow: 

To the Right Hon ble Charles absolute Lord and Prop ry of 
the Provinces of Maryland and Avalon Lord Baron of Balte- 
mo r & c : 

The humble peticon and address of yo r Lopps Two houses 
of Assembly. 

May it please yo r Lopp: 

Wee yo r Lopps most humble servants the members of the 
Upper and lower houses of Assembly this p r sent Generall 
Assembly conveened with all imaginable Gratitude acknowl- 
edging the happines peace and tranquility this yo r Lopps 
Province hath (through the blessing of God, and yo r Lopp: 
and honoured ffather of noble memory deceased care vigilancy 
and August Governm') hitherto injoyed, and the many Signall 
favours benefitts and imunitys wee have in generall received 
from yo r Lopps bounty and Clemency. And withall taking it 
into their Serious Consideracons yo r Lopps gracious Speech 
made to us yo r Two houses at the opening of this p r sent meet- 
ing of Adjournment wherein (amongst other things therein 
Contained) yo r Lopp: was pleased to Communicate to yo r two 
houses that the greate Exigency of yo r Lopps Affaires, 
required yo r Lopps Speedy Voyage for England and that not- 
w th standing yo r Lopps many other urgent concernes as well 
private as publick and that yo r Lopp was much straitned in 
time for the Accomplishment thereof Yett yo r Lopp was gra- 
ciously pleased to condiscend to impart a greate share thereof p . 9 
to Us Yo r two houses in order to the Setling and establishing 
the perpetuall and Temporary lawes of this Province in such 



io Assembly Proceedings, April 1-26, 1684. 

u. h. j. manner as may best Conduce to the good welfare and secu- 
ngmai. r ^ thereof Yo r Lopp vouchsafing two Assure yo r Two 
houses That to Joine with them therein or in any thing that 
they could reasonably expect at yo r Lopps hands was the 
Cause of yo r Lopps appointing this meeting, and for the 
effecting whereof nothing should be wanting on yo r Lopps 
part. 

And seeing that Since the last meeting of Assembly yo r 
Lopp (in order to the better setling the Lawes of this Prov- 
ince hath caused the Lawes of this Province to be fairly tran- 
scribed and hath made Three Coppys thereof offering the 
same to the Consideracon of yo r Lopps two houses for their 
view, -puseall, approbacon and emendra' thereof and assent to 
the same, That soe after due Examinacon of them they might 
with the advice and Consent of yo r Lopps Two houses receive 
their full vigour and force by yo r Lopps assent and Confirm- 
acon Now may it further please yo r Lopp: 

Yo r Lopps Two houses of Assembly in the first place hereby 
returneing yo r Lopp: their most humble and harty thanks, for 
yo r Loops greate kindness, love and affection to and studious 
care for the good and welfare of the good people of this yo r 
Lopps Province, Doe in the next place humbly assure yo r 
Lopp that in Obedience to yo r Lopps Comands they have care- 
fully and diligently revised and Examined the said Three 
Transcripts of the lawes aforesaid and compared them with 
the antient booke of lawes and such Originalls as Came to 
their view. In the peruseing and examineing whereof they 
have found some Lawes omitted and have mett with some 
other Erro rs and mistakes and make observations for some 
necessary amendments to be made as well in the antient 
booke of lawes as in the Coppys or Transcripts and have 
reduced the Titles of all the perpetuall Lawes by yo r Lopps 
p. 10 Two Houses of Assembly desired to be Confirmed unto a 
Schedule hereunto annexed, with such necessary amendrn' 5 to 
the same to be anew drawne over as to yo r Lopp shall seeme 
meet, and the p r sent juncture of time will permitt the Lawes 
omitted being also added to be fairly ingrossed in a Booke for 
that purpose to all which perpetuall Lawes added and amended 
as aforesaid. Yo r Lopps Two houses of Assembly doe humbly 
beseech yo r Lordpp wilbe graciously pleased to give yo r Lopps 
assent unto and approbacon and Connrmacon thereof and 
cause the same to be fairely ingrosed in a booke for that pur- 
pose And that all other the perpetuall Lawes and Acts of 
Assembly heretofore made and published in this Province of 
what kind or quallity soever (other then what are in the 
Schedule hereunto annexed menconed and amended as afore- 



Assembly Proceedings, April 1-26, 1684. 11 

said, and by the Consent of yo r Lopp and both houses thought u. h. j. 
fitt to be entred in the new booke as aforesaid) may stand and " sina ' 
be for Ever absolutely Repealed. 

Yo r Lopps gracious condiscencon hereunto and Confirm- 
acon hereof as aforesaid before yo r departure is (with all due 
Obedience and submission to yo r Lopp goodwill and pleasure 
therein) most humbly offered to yo r Lopps Consideracon by 
yo r Lopps two houses of Assembly as the Cheifest meanes to 
p r serve and Continue the peace Unity and welfare of this yo r 
Lopps Province and the Inhabitants thereof in their just and 
due Obedience, In whose harts you will Rule to Comand 
upon all iust Occasions what shalbe requisite and necessary 
for the defence and support of the dignity of this yo r Lopps: 
Province 

Signed p Order Anth: Underwood 

Clk Comittee. 

The Report of the Comittee for the draweing of the s d 
Address to his Lopp relateing to the Lawes of this Province 
is as follow viz' 

Munday Aprill 14 th 1684 P . n. 

Att a Comittee of both houses appointed for the draweing 
up an humble Address to the Right hon ble the Lord Prop ry 
relateing to the Lawes of this Province 

P r sent of the Upper house P r sent of the Lower house 

J Coll William Stevens ) M r Robert Carvile 
The Hon ble \ John Darnall Esq r j M r Tho: Burford 

M r John Rousby 

Resolved by this Comittee that it is very Expedient the Act 
provideing against Sudden accidents in the Governm' be 
amended 

Resolved also that the Act touching Judicature made Anno 
1646: be also amended in regard of a Clause therein viz' (in 
defect of law then &c) is Condemned by another Act Con- 
cerning proceedings at law, which sayes leaving to much to 
discrecon is to open a Gapp to Corrupcon. 

Resolved that the Act touching pagans, being found to be 
incerted in other Lawes ought to be repealed. 

Resolved that the Act for punishing Certaine Offences 
against the peace &c should be amended. 

Resolved that the Act prohibiting the transportacon and 
sale of his Lopps Ordinance be inspected into, in order to 
amendment 

Resolved that the Act touching hoggs and markeing Cattle, 



12 Assembly Proceedings, April 1-26, 1684. 

u.h.j. although incerted in his Lopps booke for a perpetuall law 
ngina . stanc [s repealed by an Act made 1671. 

Resolved that the Act for appointm' of Certaine Officers 
is a Temporary law, and therefore to be putt out of the per- 
petuall Law booke. 

An Act Imposeing a penalty on all such as shall dispose of 
Tobacco seized or received by the Sheriffe &c a made 1664 
that there is another Act made since viz' 1678 doe thinke it 
meet the latter Act being alwayes Revived to have it made 
perpetuall, and the other Repealed 

An Act for Explainacon of that Clause in an Act made in 
the time of Cap' Stone 1649: touching hoggs and marking 
p- 12 Cattle in his Lopps booke of lawes menconed is by an Act 
made 167 1 : repealed. 

Memorandm that a new law be made touching hoggs and 
markeing Cattle. 

Resolved that an Act for Continuance of peace with and 
protection of &c a that the last Enacting Clause and Provisoe 
be repealed if thought Convenient. 

Resolved that the Act for killing woolves be taken into 
Consideracon. 

An Act for Secureing Orphants Estates made 1671: is 
repealed in 1681: by a new law for that purpose made. 

An Act for Support of his Lopp made 1671: be taken into 
Consideracon. 

An Act of Gratitude to his Excellency Charles Calvert Esq 
made Anno 1674: to be Considered of: 

An Act for limitting the County Clerks ffees to be inscribed 
into the new booke 

A Supplementary Act to be made to the Act for Trade: 
Signed p Ord r Ant. Vnderwood 

Clke Comitte: 

Munday Aprill 14 th 1684 

Resolved by the Comittee what Lawes are ■ppetuall: 

An Act for Church libertys made 1640: 

An Act for uncertaine Goods made 1640: 

An Act against Sudden Accident in the Governm' made 
1640: 

An Act Concerning Religion made 1649 & 1650: 

An Act for Recognition & c made 1649: and 1650 

An Act Concerning purchaseing land from Indians 1649: 
and 1650: 

An Act of Oblivion 1649: 1650: 
p. 13 An Act for punishing Certaine Offences against the peace 
&c made 1649: & 1650: 



Assembly Proceedings, April 1-26, 1684. 13 

An Act against raiseing mony within this Province without u. h. j. 
the Consent of the Assembly: made 1649 & 1650: Original. 

An Act Concerning leavying warr w th in this Province made 
1649: & 1650: 

An Act prohibiting the Transportacon and Sale of his Lopps 
Ordinance made 1649 & 1650 

An Act for the Speedy paym* of debts due to the Right 
hon bIe the Lord Prop ry made 1649 & 1650: 

An Act for planting of Corne made 1649: & 50: 

An Act touching Indians made 1649 & 50: 

An Act for takeing the oath of ffidelity to the Lord Prop ry 
made 1649: and 1650; 

An Act Concerning Accounts to the Lord Prop ry made 
1649: 1650 

An Act Concerning trade with Indians 1649: 1650: 

An Act for punishing certaine offences as swearing &c a 
made 1650: An Act prohibiting Compliance with Coll 
Cleybourne & c made 1650: 

An Act Concerning decerted plantacons: An Act erecting 
Providence into a County & c made 1650: 

Capt: ffendalls Act made 1658: 

An Act for Encourageing such Soldiers & c 

An Act for putting vp Mint & c 

An Act for repeale of the Act for Customes made 1661: 

An Act for port dutys: 

An Act for purchaseing a State house and Prison 

An Act for Repeale of an Act made 1661 Entituled an Act 
for killing of wilde Cattle: 

An Act for preservation of harbo rs made 1664: 

An Act made at the same time concerning Negroes and 
Slaves One Clause thereof In force. 

An Act appointing Corono" 

An Act Concerning Articles of peace with Indians made 
1666: 

An Act prohibiting the Office of Sheriffe and Clerke to be 
officiated &c made 1666: 

An Act prohibiting the Sher: Com" and Clerkes to plead as 
Attornys &c a made 1676: 

An Act made Empowring the Governo r and Councill to p- j 4 
make warr and peace beyond the bounds of this Province 
1666: 

An Act for publication of all Lawes within this province 
made 1666: 

An Act for Continuance of peace with and protection of &c: 

An Act for Recording the Journall of the Lower house 
made 1669 



14 Assembly Proceedings, April 1-26, 1684. 

u. h.j. An Act for Encourageing- such persons as shall undertake 

Original. . i -i j -n & & r 

b to baild mills: 

An Act forlncourageingthelmportacon of Negroes & Slaves 
An Act Empowring the Com" of the County Court for 

raiseing and leavying Tobacco &c made 1671: 

An Act for makeing voyd and punishing all fraudulent prac- 
tices &c made 1671: 

An Act for quieting possession made 1671: 

An Act for raising a Support for his Lopp made 1671: 

An Act prohibiting all Sheriffes, Subsheriffes Clerks to plead 

as Attornys made 1671: 

An Act of gratitude to his Excellency Charles Calvert Esq r 

made 1671: 

An Act for killing of Woolves made made 1671: 

An Act for Enrolment of all Conveyances made 1674 

An Act appointing Court dayes &c made 1674: 

An Act declareing what shall be done by the Sheriff 

Ex Officio: 

An Act for Erecting a Court house and prison made 1674: 

John Longs petition made 1674: 

An Act for building a Court house and prison at S' Marys 

made 1674: 

Acts for Naturalizacon made 1666: 1669: 1671: & 1674: 
An Act for repeale of Certaine lawes, and also for asser- 

taining w' lawes are in force made 1676: 

The peticon of Phillip Calvert Esq r one of the Overseers of 

Jarbo 1676: 

An Act for Settling the Estate & c of Robert Cager made 

1676: 
An Act for keeping holy the Lords day. 
An Act for limitacon of Officers ffees made 1676 
p. 15 The Peticon of Mary Ward &c made 1678: 
An Act for Naturalizations made 1678: 
An Act Concerning Negroes and Slaves made 1681: 
An Act for repeale of Certaine Lawes made 1681: 
Samuel Holdsworths Act: 
An. Act Concerning Port dutys made 1682: 
An Act for advancement of Trade: 
Naturalizacon Acts made Anno: 1681: & 1682: 

Signed p Order Ant Vnderwood Clke Committee 

Vpon reading and full Consideracon hereof this house pro- 
ceede to give their Opinion as follow: 

Aprill 15 th 1684: 

The Opinion of the Vpper house concernning the perpetuall 
Lawes and the address to his Lopp: thereon: 



Assembly Proceedings, April 1-26, 1684. 15 

f° 1: An Act touching Pagans Anno 1647: being provided u. h. j. 
for by an Act touching Indians made 1649: & 50: f° 11: a ° n s ina! ' 
fuller and better Act, and Conteines the whole Substance of 
the former act, save the latter clause empowring the Governo r 
to deliver Armes and amunition to any freind Pagans, which 
this house Conceive his Lopp (having reduced most of the 
Indians to his subjection and in amity with them) hath power 
to doe with out any law and therefore voted that the last law 
touching Indians is Sufficient: 

f° 9: Act prohibiting the transportacon or sale of his 
Lopps Ordnance Amunicon goods Chatties &c 1649: & 
1650: Voted that a new bill be drawne vp with amend- 
ments: 

f° 12: Voted that in the oath of ffidelity a Clause may be 
incerted for a Salvo of allegiance to his Majesties -p a Supple- 
mentary Act: 

f° 15: An Act touching hoggs and markeing of Cattle 
1649: & 1650: Repealed by an Act ag' hogstealers 1671: a 
temporary law 

f° 21: An Act for appointm' of certaine Officers Anno p- 16. 
1 66 1 was at first temporary, but in transcribing now into the 
booke the last terminating Clause omitted Ordered to be 
left out as temporary. 

fo: 23: An Act for the repeale of the Act for Customes 
1 661: to be left out the Act for Customes its Selfe being out: 

fo: 25: An Act imposeing a penalty on all such who shall 
dispose of Tobacco seized and received by the Sheriffe or 
others 1664: voted that one Act Anno 1678: of the same 
title and Tenno r be writt into the booke of lawes as perpetuall, 
and that this Act 1664: be omitted 

fo: 26: " An Act for the Repeale of an Act made Anno. 
1 661: Entituled an Act Concerning killing wild Cattle 1664: 
the Act Concerning killing wild Cattle is not in the booke 
therefore noe need to incert this Act for the repeale thereof 
voted that it be left out. 

f° 28: An Act for the Explainacon of that Clause in an 
Act made by Cap c William Stone 21 th Aprill 1649: touching 
hoggs and markeing of Cattle 1664 repealed by a law against 
hogstealers 1671: Mem dnd that a new Act be drawne for 
markeing hoggs and Cattle: 

f° (30) An Act for the Continueance of peace w th and pro- 
teccon of our Neighbours and Confederate Indians in Chop- 
tank River 1669: Voted that the last Enacting Clause (the 
Occasion being taken away) and proviso be left out. 

fo 40: An Act for the killing of woolves 1671: a per- 
petuall Law and ought to pass as it is and incerted in the 



1 6 Assembly Proceedings, April 1-26, 1684. 

u. h. j. booke of lawes in the place it is now: excluding the last ter- 

Original. . • n , r fo 

minateing Clause. 

fo: 41: An Act for the p r servacon of Orphans Estate 1671 
is repealed by an Act for the better Adm r con of Justice & c 
Anno 1 681: and ought to be admitted. 

f° 45 An Act of gratitude &c a Anno 1674: to be Consid- 
ered off. fo: 76: Henry Wards Act 1676: lett be omitted: 

An Act for limitting the County Clerks ffees 1678: desired 
to be inserted a new Act to be drawne with reasonable ffees: 

A Supplementary Act to the Act for Officers ffees 1681: to 
be incerted in the new transcript 

A Supplementary act to be made to the Act for Trade. 
Adjourne for an houre 

Vpper house mett as before 
Coll Henry Darnall and Coll Vincent Lowe Comittees 
appointed for inspecting the temporary Lawes, returne from 
their Comittee and bring with them their Report which they 
p r sent to the house viz' 

Aprill 12 th 1684. 

Att a Comittee appointed to Examine the tempory Lawes 
transcribed: 

Coll Vincent Lowe Chairman 
f Coll Henry Darnall 
D JM' Clement Hill 

Present JM' Henry Smith 
l__M r James ffrisby 

John Blomfeild Clke 

Then read and Examined 

An Act Concerning the heighth of ffences made Anno 
1661: 

An Act for Conveyance of all letters concerning the State 
and publick affaires: Anno 1661: 

An Act Concerning Indians Anno 1662: 

An Act prohibiting Arrests upon the Sabboth dayes and 
dayes of gen r all musters and trayning Anno 1664 

An Act for Amerciaments in the Provinciall & County 
Courts Anno 1664: 

An Act Concerning proceedings at law Anno 1664: 

An Act against Exportacon of wool and old Iron, 1664 

An Act prohibiting trade w th the Indians for any ffiesh dead 
or a live except Deere and wildfowle Anno 1666: 

An Act prohibiting fforreigne Ingrossers Anno 1666: 
p. 18 An Act limitting certaine Actions for avoyding Suites at 
Law Anno 1669: 



Assembly Proceedings, April 1-26, 1684. 17 

An Act for the provideing Sufficient and carriage for the u. h. j. 
proper goods and Comoditys of his Lopp the Lord Prop ry of 0ri § inal - 
this Province and the governo r of this Province for the time 
being Anno 1669: 

An Act provideing what shall be good Evidence to prove 
fforreigne Debts Anno 1669. 

An Act against Divulgers of ffalse newes Anno 1671: 

An Act against Hogstealers Anno 1671: 

An Act provideing a standard with English weights and 
measures in the severall and respective Countys within this 
province 1671: 

An Act prohibiting the Irnportacon of all horses geldings 
Mares or Colts into this Province with an Addicon and amend- 
ment therein Anno 1671: 

An Act for marking high wayes and makeing the heads of 
Rivers Creekes and branches and swamps passable for horse 
and foote Anno 1671: 

An Act for stay of Execucons after April Court Ano 1671: 

An Act Concerning the Impannelling of the grand Inquest 
in Severall Countys within this Province Ano: 1674: 

An Act for the Surveyo r Gen'alls ffees with addicon of ffees 
vpon Resurveys and for leavying the same Anno 1674: 

Adjourned for an houre. 

Mett againe as before 
Adjourned till Munday Nine a Clock: 

Aprill 14 th 1684: mett vt Supra and read & examined 

An Act for the paym' of ffees due from Criminall persons 
Anno 1674: 

An Act Concerning those servants that have bastards Anno 
1674. 

An Act against burners of ffences Anno 1674: 

An Act prohibiting all Masters of Shipps or Vessells or any 
other persons from transporting or carrying away any person 
or persons Out of this Province without Passes Anno 1674: 

An Act against Runawayes and such persons as shall give 
them Entertainment, and other that shall travell without 
passes: Anno 1671: 

Note this Act is not in the reviveincr Law Novemb 1682: 
but revived by a Clause in that Act prohibiting all Masters of 
Shipps or Vessells or any other persons from transporting or 
carrying away any person or persons out of this Province 
without passes Anno 1674. 

An Act Concerning what shalbe allowed to the grand Jurys 
that were summon twice a yeare out of the body of the Prov- 
ince to attend Provinciall Court Anno 1674: 



P . 19. 



1 8 Assembly Proceedings, April 1-26, 1684. 

u.h.j. An Act for Secureing merchants and others tobacco after 

ngina . ^^ ^ ave rece i vec J }f- Anno 1 676: 

An Act relating to the Seizure of tobacco by the Sheriffes 

Ano 1676 

An Act for the publicacon of Marriages Anno 1676 

An Act relateing to serv ts and Slaves Anno 1676 

An Act touching Coopers and gage of tobacco hogsheades, 

Anno 1676: 

Adjourned for an houre 

P r sent ut Supra: 

An Act for Easm 1 of the Inhabitants of this Province in 
suites at law for small debts Anno 1676. 

An Act for the Constables takeing the list of Taxables 
Anno 1676: An act ag Importacon of Convicted psons 
into this Province Ano: 1676 

An Act regulateing Ordinarys & limitting the number of 
them within this Province Annoq e 1676. 

An Act for Election of Sheriffes Anno 1678: 

An Act for the better Administracon of Justice in the 
County Courts of this Province Anno 1678. 

An Act for appeales and regulateing writts of Erro r Anno 
1678. 

An Act for keeping a Register of births marriages and 
burialls in each respective County Anno 1678. 
Adjourned till the morning. 

Tuesday Aprill 15 th 1684: p r sent vt Supra: 

An Act imposeing a penalty on all such who shall dispose 
of tobacco: Seized & received by the Sheriffe & other Anno 
1678. 
p. 20 Mem d that this Act Concludes that it shall Continue for 
three yeares or to the end of the next generall Assembly and 
noe longer: 

An Act for the ordering and regulateing the militia of this 
Province and for the better security and defence thereof Anno 
1681: 

An Act for the better Adminstracon of Justice in -pbat of 
wills and granting Adminstracons recovery of Legacys, and 
securing filiall porcons Anno 1681: 

Adjourned till after Breakfast: 

Mett vt Supra: 

An Act for the more Speedy bringing to Tryall and sup- 
pressing Criminalls & limitting their punishm ts for certaine 
offences when prosecuted in the County Courts Anno 1681: 

An Act for preventing vexatious and unnecessary Suites at 
law Anno 1681: 



Assembly Proceedings, April 1-26, 1684. 19 

An Act restraining the Exportacon of leather and raw hides, u. h. j. 
Deare and Elk Skinnes out of the Province for the Encour- nglnaL 
agent' of Shoomakers Anno 1681: 

An Act against Ingross rs and Regraters Anno 1681: 

An Act for Encouragem' Tillage and raising provisions for 
advancem 1 of trade within this Province Anno 1682: 

An Act limitting the Expences of the Comission rs of the 
County Courts of this Province Anno 1682: 

An Act ascertaining what damages shall be allowed vpon 
protested Bills of Exchange Anno 1682: 

An Act for the Encouragem' of makeing Linnen and woolen 
Cloth within this Province Anno 1682 

An Act for encouragem c of sowing & makeing hemp and 
fflax within this Province Anno 1682: 

An Act for regulateing the Tares and abuses in tobacco 
hogsheads Anno 1683: 

An Act limitting the Extent of Attachm ts and provideing 
what shalbe leavyed vpon attachm" and Execucons. 

Adjourne till to morrow morning Eight a Clock. 

Aprill 16: 1684 p . 21 

Vpper house mett p r sent : 
{ Coll Henry Coursey f Major Nicholas SewalH 

The Hon"- I Co11 Th ° : TaiUer I W J ° hn Darna11 I Present 

1 he rion < CqU Henry Darnall i Coll William Burges f rresent 

[ Coll William Digges [ Coll William Stevens J 

Coll Vincent Lowe Enters the house 
Came also M r Edward Pye and p r sented himselfe unto this 
house being called by his Lopps writt: 

Upper house Aprill 16 th 1684: 
The Two Committees of both houses appointed to inspect 
and examine the Temporary and perpetuall lawes of this 
Province haveing p r sented their Report to both houses. This 
house desires to Conferr with the lower house in the grand 
Comittee touching some result to be made therevpon'in order 
to p r sent to his Lopp for his approbation and assent to what 
may be thought necessary therein. 

Sent by Coll Stevens and Signed -p Ord r John LLewellin 
Coll W m Burges Clke of Assembly 

Coll William Stevens, and M r John Darnall sent out to the 
Committee for draweing vp the address to his Lopp: The 
both come for the Address and the Opinion of this house 
therevpon drawn vp which was delivered them and they return 
to their Comittee. 

Adjourne for an houre 



20 Assembly Proceedings, April 1—26, 1684 

u. h. j. Upper house againe mett as -p Adjournment 

P r sent as before 

A Message from the Lower house by Cap' Richard Hill and 
Docto r John Brooke Cap' Hill said he had in Comicon to 
acquaint this house that they had sent out to their Comittee 
for Regulateing the Lawes to make what hast they could in 
Order to Comply with the message of this house. 

The Message of the Lower house is as follow 

Lower house of Assembly Aprill 16: 1684: 
This house haveing" sent out their members nominated to 
ioine in Comittee w th the members of the Upper house to 
p ' 22 regulate the Report of the Comittee brought to this house yes- 
terday in order to the better ascertaining all matters which 
lye before the Two houses in relation to the temporary and 
perpetuall Lawes of this Province cannot well come to a Con- 
ference with the Upper house about the same untill' their said 
Members returne to this house with their Report soe regu- 
lated, but then this house will meete the upper house in a 
Conference about the same as is desired 

Signed -p Order Charles Boteler Clke 

of the Lower house of Assembly. 

Upper house Aprill 16 th 1684 
The Lower house by their last Message to this house have- 
ing Signified that their Committee is sent out to Regulate 
their Report made yesterday and that till they returne to the 
House they cannot well conferr w th this house as is desired 
This house doe approve theirof and desire that for the more 
effectuall dispatch of the busines in hand, their said Comittee 
may not onely be stirred vp to Expedite what they have in 
Charge but may be fully commissionated to debate and Con- 
sider of all matters relateing to both the pepetuall and Tem- 
porary Lawes for the result of both houses in the Conference 
in the Grand Committee 

Signed -p Order John LLewellin Clk of Assembly 

The last Message sent by Coll 
Vincent Lowe and M r Edward Pye 

The returne haveing delivered their Message Adjourne till 
to morrow morning Eight a Clock 






Assembly Proceeduzgs, April 1-26, 1684. 2I 

Aprill 17 th 1684 u. h.j. 

Original. 

Upper house mett 
f Coll Henry Coursey Coll Tho: Tailler 1 

Th P hnnbie J Co11 Vincent Lowe Coll Henry Darnall I p 

ine non 1 Coll Wi i liam Surges Coll William Diggs f r sent 
t M r Edward Pye Coll William Stevens J 

John Darnall Esq r 

A message -p M r Clement Hill and M r Richard Hall who p- 23. 
say that their house is ready to meet this house in a Grand 
Committee : 

Lower house of Assembly Aprill the 16 th 1684 
This house haveing appointed a Committee to prepare a • 
Supplementary Act to the Act for advancement of Trade, 
Doe desire the vpper house if they have any any peticons or 
other matters before them relateing thereunto they may be 
transmitted to this house for the perfecting the said bill. 
Signed -p Ord r Cha: Botler Clke of the 
Lower house of Assembly. 

Ordered by this house that but One person at a time Speake 
at the appointment of the Speaker, not to be interrupted by 
any other under the penalty of a ffine at the discretion of the 
house but that every person speake his opinion distinctly to 
any matter debated in the house. 

Brought into this house and read as follow (viz') William 
Blankinstein aged 24 yeares or thereabouts deposeth as fol- 
low: 

That M r Jacob Young is soe sick and v/eake being all over 
his body broken out with boyles and sores that he is alto- 
gether uncapable of goeing or being carried upon any Journy 
or Voyage without apparent danger of his life which is humbly 
Certified to his Lordpp and the Vpper house of Assembly: 

Jurat Coram me 6° die Aprilis Will: Blankinstein 

Anno Dni 1684: Geo: Talbott 

Upper house Aprill 17 th 1684: 
This house have admitted of the above deposition in Excuse 
to Jacob Young to save him and his bayle for not appearing 
this Assembly and send it downe to the Lower house for their 
Concurrence & approbacon 

Signed -p Order John LLewellin Clke of 



Assembly; 






The aforegoing Deposition and vote of this house there- 
vpon sent downe to the Lower house by M r John Darnall who p- 24 



22 Assembly Proceedings, April 1-26, 1684. 

u. h. j. hath in charge to acquaint them that this house was ready to 
ngma • attend them in the grand Committee M r John Darnall have- 
ing delivered his Message returnes. 

Adjourne for an houre. 

Upper house mett againe present as before and adjourned 
till to morrow morning seven a Clock 

Aprill 18 th 1684: 

Upper house mett P r sent 
r Coll Henry Coursey ~) Coll William Stevens 
-r h u we J Coll Tho: Tailler I Majo r Nich Sewall 
j Coll Vincent Lowe f John Darnall Esq r 
__ Coll Henry Darnall J Coll William Burges 

Adjourne to the grand Committee 

Upper house mett againe 
Present as before 

Upper house Aprill 18 th 1684: 

Mooved by a member of this house that the land given by 
William Berry to the Inhabitants of Battle Towne in Calvert 
County in Consideracon that the same should be constituted a 
Towne, will by the Act of Trade passed the last meeting of 
this Sessions reverte to the Donor the Consideracon being 
taken away unless remedied by a Supplementary Act. 

Voted that the said place is a Convenient scituacon for a 
Towne or Port of Trade, and desire that the Lower house will 
make provision accordingly in the said Supplementary Act it 
being the humble request of all the Inhabitants there and 
diverse others in that County the Court house being thereon 
built at the greate charge of the County: 

Voted alsoe that a towne be appointed either at the land 

p- 2 S called Mount Calvert or Muffs shell banke both Convenient 

scituations for Trade as the Commission" in the said Act of 

Trade nominated shall direct, to be also considered in the 

Supplementary Act: 

The Lower house is also desired to puse and consider of 
the severall Peticons herew th sent them: 

Signed p Order Jn° LLewellin Clke of Assembly 

Sent to the Lower house p M r Sec^ Darnall together w th a 
Peticon from the Inhabitants of Pocomo.ke for a towne at Chip 
landing, and to vacate the former appointed at Barrows ridge, 
another peticon of the Inhabitants of Monokin River to vacate 
the Towne appointed at the land late of W m Glanfeild, and 



Assembly Proceedings, April 1-26, 1684. 23 

since the land of Cap' Henry Smith, and that it may be u. h. j. 
appointed neer the mouth of the River below the fflatt vpon 0n § inal - 
Oister shell neck and white hall ; also a Peticon from the 
Inhabitants of Wiccocomoco and the Meenys for the Continue- 
ance of the Act of Trade not haveing (for want of a sufficient 
number of Commission") layd out their Towne, desire that 
their Towne may be appointed at the place called Lotts wife 
on the land of William Wright: Another Peticon from the 
Inhabitants of Som r sett County to repeale the Act concerning 
linnen and woolen Cloth : Alsoe a peticon from the Inhabi- 
tants of Caecil County to vacate their Towne at Cap' Johns 
Creeke and appoint the same at Caecillton: 

M r John Darnall Returned 
A Message p M r James ffrisby and 
Majo r Long: 

Lower house of Assembly Aprill the 18 th 1684 
The Vpper house is desired by this house to nominate some 
of the members of their house to ione in Committee w' h some 
of the members of this house to drawe such bills, and make p. 26. 
such Amendments as were agreed upon by both houses in 
the Grand Committee: 

Signed p Order Charles Boteler Clke of the 
Lower house of Assembly 

Upper house Aprill 18 th 1684: 
The Hon ble Coll William Stevens & M r Secry r Darnall 
nominated by this house to ione in Committee w' h some of the 
members of the Lower house to perfect the bills and amend- 
ments agreed on by both houses and wilbe ready to meet 
to morrow morning Eight a Clock 

Signed p Ord r John LLewellin Clke of Assembly 

Upper house Aprill 18 th 1684: 
This house taking into their Consideracon the ruinous state 
and Condicon of the State house altogether unfitt for the 
Recepcon and entertainem' of Assemblys Provinciall Courts 
and other publick meetings for which the same was designed, 
and calling to mind what a vast Sufne of tobacco hath been 
expended thereon desire the Lower house to consider of some 
speedy repaires thereof to be offered to this house for their 
ready Concurrence therein: 

Signed p Order John LLewellin Clke of 
Sent by Coll Burges Assembly: 

He returned 

Ajourned till to morrow morning Eight 
a Clock: 



24 Assembly Proceedings, April 1-26, 1684. 

u. h.j. Aprill 19 th 1684: Upper house mett 

Original. r * t ft 

f Coll Henry Coursey ^j Coll Will m Stevens "J 

The Hon bl = J Co11 Tho: Tailler I J ohn Darnall Esq r I Prpspnt 

ine non j CoU Hgnry Darnall f Coll Wm Bur o es f Resent 

[ Coll William Digges J Edward Pye Esq r J 

Proceed to -pvse and Examine the debate of the grand 

Committee of both houses on the seaventeenth instant in 

p. 27 Order to give instructions to the members of this house 

Committees appointed to perfect the bills and amendments. 

A Message by Cap ta John Osbourne and Cap ta Richard Hill: 

Lower house of Assembly Aprill the 18 th 1684 
M r Thomas Burford M r John Rousby, Capt John Osbourne 
and Cap' Richard Hill nominated and appointed by this house 
to ioine in Committee with the members of the Vpper house 
nominated to -pfect the bills and amendm ts agreed on by the 
members of both houses in a Grand Comittee and will meet 
at Eight a Clock to morrow morning as is desired 

Signed p Ord r Charles Boteler Clke of the Lower 

house of Assembly: 

A breviate of the grand Committee result drawne vp and 
delivered to Coll William Stevens and M r John Darnall 
appointed by this house to joine in Comittee w th some of the 
Lower house to perfect the bills and amendments agreed on 
by the Grand Comittee the 17 th Instant, for their Instructions 
delivered to them also, two bills drawne up by this house viz' 
An Act prohibiting the Imbezelling his Lopps Ordnance &c 
and an Act for an Additionall clause to the oath of fndelity: 
And they are Sent out to the Committee: 

' Adjourne till monday morning Eight a Clock. 



Monday Morning Aprill 21 th 1684: 
Upper house mett: Present 

Coll Henry Coursey Coll: William Stevens 

The Hon b,c Coll Tho: Tailler Majo r Nicholas Sewall 

Coll Hen. Darnall John Darnall Esq r 

Coll Will" 1 Dig-p-es: Coll William Burges: 

Then read the severall papers and message brought from 
the Lower house by M r Robert Carvile M r Clement Hill, and 
z8 M r Richard Hall on Saturday last after the adjournm' of this 
house viz' 

Som r sett County peticon for a towne at Chip landing thus 
Endorsed viz' 



Assembly Proceedings, April 1-26, 1684. 2 5 

Lower house Aprill the 18 th 1684: u. h. j. 
Voted necessary that a Towne be sett forth at the Sea side 0riglnal - 
as is desired by this peticon and the place appointed by this 
to be betweene the goeing in of Selbys and Cornelius Innis 
his land. 

but for the Towne at Barrows landing voted 
not to be remooved nor altered. 

Signed p Order Cha: Boteler Clke of the 
Lower house of Assembly 

A Peticon of the Inhabitants of Zachaja swamp thus En- 
dorsed viz 1 

Voted that there be a Towne upon Westwood Manno r as 
by this Peticon is desired: 

Signed p Order Charles Boteler Clke of 
The Lower house of Assembly 

A Charles County peticon thus Endorsed viz' 

Lower house Aprill 19 th 1684: 
Voted that a Towne be layd out at the mouth of Nanjemy 
Creeke or neer Lewis his neck as is desired by the within 
Peticon 

Signed p Ord r Charles Boteler Clke of the lower 

house of Assembly 

Caecill County petition endorsed viz' 

This peticon rejected: 

Monokin petition Endorsed viz' 

Lower house Aprill the 19 th 1684 
Voted that this peticon be rejected this house being well 
informed, that the place where the Towne is, is the most Con- 
venient place in the said River 

Signed p Order Charles Boteler Clke of the lower 

house of Assembly 

The Message is as follow viz' p . 2g 

Lower house Aprill the i8' h 1684 
Upon reading the Peticon of the Inhabitants of Som r sett 
County for a Towne at the sea board side, Ordered that a 
Towne be appointed between the goeing into Selbys bay and 
Cornelius Innis his land at Assateague bay at the discretion of 
the Comission" but the Towne at Barrowes landing not to be 
remooved. 



:: 



X 



:- C: \ r 



-^-it'l C:--r.- 






-=.= - V- ' ^ - 



... 



; :■ 









" .- ; : . f .-; :-if. :fl^_ aj 



— — i 



- " -- -. 



^ i- 



. J- _ _ _ \. " 



28 Assembly Proceedings, April 1-26, 1684. 

u. h. j. Present 

Ons-inal. 

!Coll Tho: Tailler ( John Darnall Esq r 

Coll Hen: Darnall The Honble \ Coll Will m Burges 

Coll Will" 1 Stevens ( Edward Pye Esq r 

Read an Act touching Judicature passed this house and 
signed by the Clerke as follow : 

Aprill 21: 1684: 

Upper house have Assented 
Signed p Ord r Jn° LLewellin Clke of Assembly 

Sent together with these following papers viz 1 
Zachaja Swamp peticon 
Charles County peticon 
Michael Taneys peticon 
An Act for naturalizacon of Jacob Seth: 
An Act for naturalizacon of Nicholas Verbraeck 
An Act for naturalizacon of Peter Byard &c: 
To the Lower house by Majo r Nicholas Sewall and M r 
Edward Pye together with the following Messuage : 

Aprill 21 th 1684: 

If the Committee of both houses appointed to perfect the 
Lawes and amendments agreed on by the grand Committee 
have transmitted to the Lower house any of their proceedings 
The lower house is desired to Communicate the same to this 
house for their Consideracon soe soone as may be, his Lopp 
haveing Signified to this house that thursday next will be the 
day of Sessions 

Signed -p Ord r Jn° LLewellin Clke of Assembly 

Majo r Nich Sewall and M r Edward Pye Returned: 

p " 32 Upper house Aprill 21: 1684: 

Mooved by a Member of this house in behalfe of the Inhab- 
itants of Somersett County more particularly of Nantecoke 
River, that a Towne be appointed at or neer Tixquin on the 
south side of the said River it being a most convenient scitua- 
con for a towne or place of Trade and most frequented by 
shippin of any River in the said County. 

Signed p Ord r Jn° LLewellin Clke of Assembly 

Voted necessary, and that Provision be made accordingly in 
the supplementary Act to the Act for Trade 

Signed -p Ord r Jn° LLewellin Clke of Assembly 

Sent p Coll W m Stevens to the Lower house. 



Assembly Proceedings, April 1-26, 1684. 29 

Upper house Aprill 21: 1684 u. h. j. 

Proposed by a member of this house that a Towne be 
appointed at the head of Portobacco Creeke most Comodious 
for the Inhabitants of the fforrest in Charles County from 
whence comes yearly great quantitys of Tobacco: 

Voted necessary and that a Towne be (by the Supplemen- 
tary Act for Trade) appointed at the head of Portobacco 
Creeke neer the Church there: 

Signed p Ord r John LLewellin Clke of Assembly: 

Sent p Coll W m Burges to the Lower house: 

Thomas Cosey of Charles County peticon for his Pension 
being wounded and disabled in the Country service at the 
ffort thus Subscribed vizt 

Upper house Aprill 21: 1684 
This house doe think the Peticoner an Object of Charity 
and that he ought to be allowed his yearly Pension and 
Arreares as is prayed : 

Signed p Order John LLewellin Clke of Assembly 

Owen Nerven Peticon for allowance as post Twelve months 
thus Underwritten viz' 

Aprill 21: 1684 
The Vpper house doe think that the petico 1 ought to have 
some allowance made him as shalbe thought reasonable by 
both houses 

Signed p Ord r John LLewellin Clke 

of Assembly 

A Message p M r ffrancis Hutchins, and Majo r Thomas Long p. 33 
viz 1 

Lower house of Assembly Aprill 21: 1684: 

In Answere to the Message this day received from the 
Vpper house p Majo r Sewall and Edward Pye Esq r this house 
doe say they haveing especiall matter to debate did in order 
thereunto send for the Committe appointed to Joine with the 
Comittee of the Vpper house to perfect the lawes and amend- 
ments agreed on by the Grand Committee, and this house 
have sent them out againe to meet the members of the Upper 
house to proceed to the perfecting what matters lye before 
them, And to report the same to this house, which done this 
house shall Comunicate the same and their result thereupon 
to the Upper house. 

Signed p Order John LLewellin Clke 

of Assembly 



30 Assembly Proceedings, April 1-26, 1684. 

u. h. j. Majo r Nich Sewall : M r Edward Pye 
ngina ' and Coll William Stevens Returnes 

John LLewellins Peticon for allowance for officiating as 
Clerke Assistant to M r Tho: Grunwin at the Ridge and make- 
ing out the Leavy thus Subscribed 

Upper house Aprill 21 th 1684: 

This house thinke fitt that a reasonable allowance be made 
the peticoner in this next publick leavy as is prayed and desire 
thereunto Concurrence of the Lower house. 

Signed p Ord r John LLewellin Clke of Assembly 

Thomas Casey 0[we]n Newen, and John LLewellins peti- 
cons : Sent to the Lower house p M r Edward Pye. 
M r Edward Pye Returnes: 
A message p M r William Hatton (viz 1 ) 

Lower house of Assembly Aprill 21: 1684: 

This house Concurr with the Upper house in their two 
votes this day sent that a Towne be appointed at or neer 
Tixquin on the South side of Nantecoke River, and alsoe at the 
head of Portobacco Creeke, And this house desire to know if 
the Vpper house doe Consent to the severall votes, and places 
agreed on by this house and menconed in a List sent to the 
Vpper house on Saturday last: 

Signed p Order Charles Boteler Clerke of the 
Lower house of Assembly 

p. 34 Vpper house Aprill 21 th 1684: 

This house doe Concurr in all points with the Lower house 
in their Message on Saturday last relateing to Townes accord- 
ing to their Severall Votes therein menconed 

Signed p ord r John LLewellin Clke of Assembly 

Sent p M r John Darnall: 

Came Coll William Stevens and M r John Darnall from the 
Committee of both houses appointed to perfect the bills and 
amendments agreed on by the members of both houses in the 
grand Committee and p r sented their Report to this house 
dated the Nineteenth of Aprill 1684: and Signed p James 
Cullen their Clerke : as follow : viz' 

A Committee of the Vpper and Lower houses of Assembly 
appointed to perfect the bills and amendments agreed on by 
the members of both houses in the Grand Committee: 

Mett att M r Marke Cordea's house the 19 th of Aprill 1684: 



Assembly Proceedings, April 1-26, 1684. 31 



Psent: u.H.j 

The Honble Coll William Stevens j s ' 

The Hon bIe John Darnall Esq J of the Vpper house: 

M r Thomas Burford 



M r John Rousby 
Cap' Richard Hill 
Cap' John Osbourne 



of the Lower house: 



ames Cullin Clke Committee 



The s d Coll William Stevens was Chosen Chaireman of the 
Committee. 

The Committee doe agree and appoint that M r Thomas 
Burford draw vp the Law or bill to be entituled an Act touch- 
ing Judicature and proceedings at law to be drawne according 
to the sence of Two lawes heretofore made for the said pur- 
pose in this Province. 

An Act for punishment of Certaine offences against the 
peace and safety of this province agreed vpon as the bill is 
now drawne w th out any amendment: 

An Act prohibiting the Imbezelling his Lopps Ordinance 
Armes, Amunicon &c a was read and approved of by this 
Comittee 

Ordered by the Committee that James Cullen drawe anew p. 35 
the Act for takeing the oath of fidelity to his Lopp and the 
oath inserting therein this Clause (saveing alwayes my Alle- 
giance which I owe to my soveraigne Lord his Majesty the 
King of England his Heires and Successo rs ) 

An Act for Recording the Journall of the Lower house 
to be new drawne and mended by leaving out the word 
(adjournment) in the new bill: 

An Act for killing woolves to be new drawne to be made as 
the same is in the booke of lawes: 

Ordered and agreed by this Committee that the law 
appointing Court dayes in each County be new drawne and 
that the word Csecill may be inserted in the body of the said 
Act next after and following the word Somersett in the said 
Act: 

The Committee adjourned till Munday Morning seaven a 
Clock 

Munday Aprill the 21: mett and p r sent as aforesaid the 
Comittee aforesaid. 

Then the following bills being ingrossed were read & 
Examined by the Committee aforesaid viz' 

An Act for punishing of Certaine offences against the peace 
and Safety of this Province. 

An Act prohibiting the Imbezelling his Lopps Ordinance 
Armes Amunicon &c a 



32 Assembly Proceedings, April 1—26, 1684. 

q\ ?• j- An Act touching Judicature and proceedings at law not yett 
agreed upon by the Cofnittee 

An Act for recording the Journall of the Lower house. 

The Oath of ffidelity to the Lord Prop" 7 of this Province 

An Act for the killing of Woolves. 

An Act for takeing of an oath of ffidelity to the Lord Prop ry 
whereunto the oath aforesaid is annexed. 

An Act appointing Court dayes in each respective County 
within this Province. 

M r John Darnall returne. James Cullen Clke Committee 

The house adjourne till to morrow Morning Eight a Clock 

p-36 Aprill 2 2 d 1684 

Upper house mett P r sent 
Coll Henry Coursey 1 Coll William Stevens 

Coll Tho: Tailler Majo r Nicholas Sewall 

The Hon ble \ Coll Vincent Lowe The Hon ble Ijohn Darnall Esq r 

Coll Henry Darnall | Coll William Burges 

Coll William Digges J Edward Pye Esq r 

His Lopp Came into this house 
And mooves that by the Act for Support &c a it was Enacted 
that his Lopp Caecilius &c of noble memory should receive 
two shillings p hoggshead dureing his life and One Cropp 
after, and that in the yeare 1676: his Lopp now Lord Prop ry 
had granted him Two Shillings p hhd, which by Vertue of an 
Act of gratitude he received, but goeing for England was 
charged by his Lopps Sister for the Two shillings p hhd for 
the Cropp after the decease of his said Lopp: Caecilius &c a his 
Lopp affirmes that he hath never reced the said Two Shillings 
p hhd for the Cropp : after his ffather decease, but hath 
received the Two shillings p hoggshead granted himselfe by 
the Act of gratitude As p his booke of Entrys will appeare, 
his Lopp desire this house to Certifie there was an Act which 
gave the same to his Lopp and that his Lopp hath never 
received any more then Two Shillings p hhd which will 
plainely appeare to this house. 

Wherewith this house was fully satisfied and vote the 
draweing vp of any Instrument for that purpose to pass the 
greate Seale of this Province and be recorded in the Councill 
booke. 

A Message p M r Thomas Burford M r John Rousby & 
Docto r John Brooke being severall bills which they deliver 
viz' 

An Act against Excessive Usury ) 

The Lower house have assented j Signed p Order 

Cha: Boteler Clke of the Lower 
house of Assembly 



Assembly Proceedings, April 1—26, 1684. 33 

An Act ascertaining the true force and validity of the u. h. j. 
Lawes of this Province : ° r g inal - 

Aprill 22 th 1684: 
The Lower house have assented: Signed p Ord r Charles 
Boteler Clke of the Lower house of Assembly 

An Act for appointing Court dayes in each respective 
County 

April 22: 1684: 
The Lower house have assented : Signed p Ordr Cha: 
Boteler Clerke of the Lower house of Assembly 

An Act for killing of Wooleves 

Aprill 22: 1684: 
The Lower house have Assented. Signed p Order Charles 
Boteler Clk of the Lower house of Assembly 

An Act for Recording the Journall of the Lower house. 

Aprill 2 2 d 1684: 
The Lower house have assented: Signed *p ord r Cha: 
Boteler Clke of the lower house of Assembly 

An Act for punishm' of certaine Offences against the peace 
and Safety of this Province thus Subscribed viz' 

Aprill the 2 2 d 1684: 
The lower house have assented : Signed p Ord r Cha: 
Boteler Clk of the Lower house of Assembly 

Adjourne till after dinner 

Upper house mett as p Adjournm' p r sent as before Except 
M r John Darnall. 

Proceed to read the severall bills brought in this morning 
p M r Thomas Burford, M r John Rousby and Docto r John 
Brooke viz' 

1: An Act against Excessive Usury read the first time and 
voted a second reading: 

2: An Act ascertaining the true force & validity of the 
lawes of this Province read the first time and Voted a Second 
reading: 

3: An Act for appointing Court dayes in each respective 
County read the first time and passed the house in the words 
following viz 1 



34 Assembly Proceedings, April 1-26, 1684. 

U.H. j. Aprill 22 th 1684: 

p. 38 Upper house assented. 

Signed -p ord r Jn° LLewellin Clke of Assembly. 

4: An Act for killing of Woolves Read the first time and 
voted a second reading-: 

5: An Act for the Recording the Journall of the Lower 
house read the first time in this house and passed in these 
words viz' 

Aprill 22 th 1684: 
Upper house have assented. Signed p Order John LLew- 
ellin Clke of Assembly 

6::And i Act. for punishment of Certaine Offences against 
the peace and safety of this Province, read the first time and 
voted a second 

Proceed to read the second time the said bills not yett 
assented to by this house : 

1: An Act against Excessive Usury passed this house in 
these words Viz' 

Aprill 22 th 1684: 

Upper house have assented. Signed -p ord r John LLewellin 

Clke of Assembly 

An Act ascertaineing the true force and vallidity of the 
lawes of this Province. 

Voted that the temporary lawes haveing allowed them three 
yeares time for Tryall, his Lopp may have the same time to 
Signifie his approbacon or disassent to any lawes with which 
amendm' this house will pass the bill: 

A message -p M r William Hatton and is to desire the old 
booke of lawes which is delivered to him: 

3: An Act for killing woolves read the second time Voted 
that the Act for killing Woolves made Anno 1671: is per- 
petuated Anno 1676: and as soe ought to remaine unless the 
same be thought a needless law and then it ought to be 
repealed before such time as it cann be reduced to its former 
Temporary Estate: 

4: An Act for punishment of Certaine Offences against 
the peace and safety of this Province, 
p- 39 Voted that the Act made 1649: & 1650 stand as it is, but 
that provision be made by a Supplementary Act to restraine the 
punishment of the Delinquents to onely One, and noe more of 
those Severall therein named at the discrecon of the Court 
and as the demerritts of the Case shall require. 



Assembly Proceedings, April 1-26, 1684. 



35 



U. H. J. 
Original. 



Upper house Aprill 2 2 d 1684: 
Upon reading the severall Bills brought to this house this 
day by M r Thomas Burford M r John Rousby and Docto r John 
Brooke, this house have passed that for appointment of Court 
dayes in each respective County, that for recording the Jour- 
nail of the Lower house, and that against Excessive Usury, 
but to the other three bills returne Answere as follow (viz 1 ) 

Concerning the bill Assertaineing the true force and 
validity of the lawes of this Province, this house doe say that 
Three yeares time being given for Tryall and Experience of 
the Temporary lawes Wee cannot in reason propose lesse 
time to his Lopp: to Consider of, what perpetual! lawes shalbe 
p r sented to him to signifie his approbacon or disassent there- 
unto : And with this amendment only this house will pass the 

said bill: 1302461 

As to the bill for killing of Woolves this house doe say that 
the Act for killing of Woolves made 1671: although tem- 
porary was perpetuated Anno 1676: And as such ought to 
remaine among the perpetuall lawes, unless the same be 
deemed a Needless or Useless law, and then it ought, to be 
repealed before such time as it cann be reduced to its former 
Temporary Estate. 

And as to the other bill for punishm' of certaine Offences 
&c this house doe say that the Act. made Anno 1649: & 1650: 
is sufficiently and well enough expressed and doe conceive that 
the maine end and designe of both houses in the Grand Com- 
mittee in amendment of the same was onely to take off the 
severity of the punishment of Delinquents therein p r scribed 
leaveing it to the discretion of the Justices to inflict any one or 
more of the severall rjunishm ts therein numerated which this 
house is willing may be moderated by awarding one of the 
said punishm ts and noe more at one time to be inflicted vpon p. 40 
any Delinquent at the discretion of the said Justices, and as 
the demeritts of the Cause shall require And desire the 
Lower house will provide accordingly by a Supplementary 
Act to pass this Sessions and hereunto desire the Concurrence 
of the Lower house 



The aforegoeing Message & six 
bills sent to the Lower house 
by Majd r Nich Sewall and 
Coll W m Burges 



Signed p Ord r 

John LLewellin Clke of Assembly 



A Message -p Cap' Henry Smith, 
Docto r John Brooke. 



M r Will" 1 Peerce and 



Lower house of Assembly Aprill 2 2 d 1684: 
This house haveing by a Message of the 14 th instant desired 
the Upper house to appoint some of their Members to state 



36 Assembly Proceedings, April 1-26, 1684. 

u.h.j. the Publick Accounts of this Province, which not being then 
ngina ' done for reasons given by the Vpper house in their Answere 
to the said Message this house doe reminde the Vpper house 
thereof and desire that some members of this Vpper house 
may be appointed to joine with some of the members of this 
house to the purpose before by this house desired. 

Signed *p Order Charles Boteler Clke of the Lower 

house of Assembly 

They alsoe brought w th them Two bills viz' 
An Act touching Judicature and proceedings at law: 
An Act touching the leavying of warr and defraying the 
publick Charge of this Province. 

Majo r Nich Sewall and Coll Burges Returnes 

Upper house of Assembly Aprill 22: 1684 
The lower house is desired to Expedite to this house what 
bills or other busines they have before them, this night; his 
Lopp now in the Upper house haveing signified to this house 
his resolucons of meeting both houses to morrow morning to 
discourse with them fully his sentiments vpon the severall 
bills prepared in order to putt a speedy end to this Sessions 
Signed -p ord r John LLewellin Clke of Assembly 

Sent p Coll W m Stevens 

p- 41 A Message by Capt John Osbourne & M r Leonard Greene 
viz 1 An Act touching Judicature and proceedings at law 
drawne vp -p this house w th the following Message (viz') 

Lower house of Assembly Aprill 22 th 1684: 
This house haveing received from the members of their 
house joined in Cofnittee with the Hon ble Coll Stevens and 
John Darnall Esq r a bill drawne touching Judicature and pro- 
ceedings at law which this house Conceived was done accord- 
ing to the agreem' of the Grand Committee, and therefore 
passed the same for the Upper houses Assent thereunto: 
And therefore say they cannot Assent to the bill sent from 
the Upper house for that purpose in regard that bill leaves 
too much to discretion which was the Inconveniency designed 
to be p r vented. 

Signed p order Charles Boteler Clke of the lower 

house of Assembly. 

Upper house Aprill 22 d 1684: 
The Hon ble Coll William Digges, and Coll William Burges 
nominated and appointed by this house to ioine in Committee 



Assembly Proceedings, April 1-26, 1684. 37 

with some of the members of the lower house to inspect and u. h. j. 
State the publick Accounts to morrow morning seaven a 0n s inal - 
Clock: 

Signed -p ord r John LLewellin Clke of Assembly 

Sent by Coll William Digges 

Coll William Stevens Returned 

A message by Majo r Thomas Long and M r ffra: Hutchins 

Lower house of Assembly 22 th Aprill 1684: 
This house have appointed Cap 1 Henry Smith M r Clement 
Hill and M r ffrisby to ioine in Committee with the Hon ble Coll 
William Digges and Coll William Burges by the Upper house 
appointed to settle State and inspect the publick Acc ts of this 
Province and shall be ready to meete at seaven a Clock to 
morrow morning as is Desired 

Signed -p Order Charles Boteler Clke of the Lower house 

of Assembly. 

Adjourne till to morrow morning seven a Clock. 

Vpper house Mett Aprill 23 th 1684: p r sent: 

The Right Hon b,e the Lord Prop ry 
{ Coll Henry Coursey Coll William Digges 
j, tj bie J Coll Tho Tailler Coll William Stevens 

j Coll Vincent Lowe Majo r Nich Sewall 

[ Coll Henry Darnall: Coll Will m Burges. 
Edward Pye Esq r 

A Message from the Lower house by Cap 1 John Osbourne p. 42. 
& M r Leonard Greene which they say was brought last night 
but this house was adjourned: viz' 

Lower house of Assembly Aprill 22 th 1684. 
All bills which have beene assented to by this house are 
already transmitted to the Vpper house, there are severall 
other Bills which have had their first reading in this house, 
and so soone as perfected shalbe p r sented to the vpper house 
for their Assent 

Signed p Order Charles Boteler Clke of the lower 

house of Assembly 

A message -p Cap' Richard Hill and M r ffrancis Hutchins 

Lower house of Assembly Aprill 23 th 1684 
In answere to the Message Yesterday brought by Coll Bur- 
ges and Majo r Sewall concerning severall bills sent by this 



38 Assembly Proceedings, April 1-26, 1684. 

u. h. j. house to the vpper house for their Assent : As to the Ascer- 
"gina . ta j n j n g ^g true f orce anc [ vallidity of the Lawes of this Province 
wherein the vpper house were pleased to say they could not 
in reason propose less time then Three yeares to his Lordpp 
to Consider off his approbacon or dissassent to such perpetuall 
lawes as should be presented to his Lopp, this house is not a 
little surprised therein in regard the bill tendred by this house, 
for the Assent of the Vpper house, was but a meer transcript 
of the like bill sent from Upper house for this houses Assent 
thereunto To which this house had noe reason to doubt of the 
Vpper houses readines to pass the same, Especially for that 
the said Upper house of Assembly by a Message of the 17 th 
of September 1681: were pleased to acquaint this house that 
his Lopp Comanded the vpper house to signifie to this house 
that his Lopp did promise and ingage that in his absence out 
of this Province within Eighteen months after the passing of 
any lawes of this Province by the Upper and lower houses of 
Assembly His Lordpp would signifie his Assent or dissassent 
p- 43 thereunto. In Confidence whereof this house was induced 
freely to offer the said bill for the unquestionable assent of the 
Upper house ; Since more time in the said bill was Offered 
for his Lopps Assent or dissassent then in the said Message 
was intimated to be his Lordpps pleasure. 

And as to the bill for punishm' of Certaine Offences &c 
This house doe agree that the maine end and desigme of both 
houses in the Grand Cofnittee was to take off the severity of 
inflicting severall & many punishments for One offence and 
still hope that the bill humbly offred by this house to the vpper 
house will answere that end, being perswaded that there is 
noe alteracon betweene the Act now offered and the former, 
but in that particular, and were this house sensible of any 
materiall deviation from what was agreed on they would very 
readily amend. 

As to the bill for killing of woolves this house caused that 
bill to be drawne and passed this house pursuant to the agree- 
ment of the grand Committee of both houses 

Signed p ord r Cha: Boteler Clke of the vpper house 

of Assembly. 

Received a paper from his Lopp viz 

Gentlemen of the Vpper 
house of Assembly 

I have thought fitt to signifie unto you by this that haveing 
seene in yo r house some bills lately sent you by the Lower 
house in which there are some alteracons desired by the Lower 
house to be made in some of the antient perpetuall Lawes of 



. Assembly Proceedings, April 1-26, 1684. 39 

this province I must for the quicker dispatch of the business u. h. j. 
of this Assembly (I haveing but few dayes more to spend with 0n s inal - 
both houses) declare that many of those alteracons inserted in 
the said bills are such as I shall not be willing to allow of, and 
because I would have noe bills" p'sented unto me by this 
Assembly the day of the sessions but such as I may safely and 
be willing to sett my hand unto. I doe now declare what 
alteracons I will allow off, and to which I will be ready to sett 
my hand when the bills are p r sented desireing that what I now p. 44 
declare by this may not be drawne into an example and 
become p r sidentiall in future Assemblys for my doeing this 
(as I have said before) is onely to putt a speedy end to this 
meeting w ch my other affaires forces me too: 

ffirst as to the alteracon desired to be made in the Act 
touching Judicature, It is not safe to have Justice administred 
according to the lawes of England, where the lawes of this 
province are silent, without due regard had by the Governo r 
or Cheife Judge and the Justices in Court to the Consistency 
of such lawes of England to the Constitucon and p r sent Con- 
dicon of this Assembly, it seeming to me unreasonable that 
since his Majestie of ever blessed memory out of the fullness 
of his Royall power was graciously pleased to permitt me 
with the consent of the ffreemen to make such wholesome 
Lawes as should be Consonant to reason and not repugnant 
to the lawes of England, I should by an Act obleige and tye 
vp the ffreemen of this province to be concluded by such of 
the lawes of England as may ruine them, or at least be greately 
injurious in severall respects to them, I am therefore willing to 
admitt of this alteracon, that where the Lawes of this Province . 
are silent Justice may be administred according to the lawes 
of England, if the Governo r or Cheife Judge and the Justices 
of my Court shall find such lawes Consistent with the Con- 
dicon of this Province: To a Bill with this alteracon I will sett 
my hand, but not otherwise. 

Secondly. The alteracons desired in the bill for the pun- 
ishing of Certaine Offences against the peace and safety of this 
Province, I doe except against being willing to allow of this 
amendment onely that where it is left to the Court to order 
one or more of the punishm ts enumerated in the old Act for 
punishing &c a That the Court shalbe restrained to one or 
two of the said punishm ts in the said Act, with this amendment p. 45 
and noe other alteracon I shalbe Contented and will sett my 
hand to a bill to be drawne up for that purpose onely and not 
otherwise. 

Thirdly: To the bill touching the leavying of warr and 
defraying the publick Charges of the province sent vp to you 
from the Lower house, I conceive it time lost for you to 



40 Assembly Proceedings, April 1-26, 1684. 

u. h. j. meddle in it, for the old Act is at this time suspended and 
n s lna • will be soe perhapps dureing my life soe that neither the Gent 1 
of the lower house nor yo r selves need bee fearfull or jealous 
of me in the Execucon of that Act, but were it not suspended, 
and that I should vpon any warr that might happen have occa- 
sion to make use of it I doe here declare that as I have had 
soe I still shall have a desire that an Assembly may be called 
to be p r sent at the defraying of the Charge of any such warr, 
soe desirous I am of giveing all manner of Satisfaccon in that 
particular to the ffreemen of my Province 

Copyed out & sent to the lower house -p Coll Thomas 
Tailler and Coll W m Stevens w th this following Message 
annexed. 

Upper house Aprill 23 th 1684: 
This house haveing this morning received a paper from his 
Lopp have Caused the same to be Copyed out as before and 
Comunicated the same to the Lower house. 

Signed p ord r John LLewellin Clke of Assembly 

Coll Tailler and Coll Stevens Returned 

And the house Adjourne for an houre. 
Upper house againe mett and p r sent as before: 

Upper house of Assembly Aprill 23 th 1684: 
His Lopp being p r sent in this house since the receipt of the 
last Message -p Cap' Richard Hill, and M r ffrancis Hutchins 
was pleased to declare as follow (viz 1 ) 

To the bill for Assertaineing the true force and validity of 
the Lawes of this province, I give this Answere, that though I 
owne my promise and engagement to both my houses of 
Assembly made in September 1681 : viz' that in my absence 
out of this Province, I would signifie my assent or dissassent to 
p. 46 any lawes within Eighteen months. Yett doe I not think it 
convenient to obleige my heires and Successo" by an Act to 
those inconveniences and mischeifes that may happen by their 
assenting or disassenting to any lawes within Twenty monthes, 
that shalbe made perpetuall dureing such their absence. 

The bill sent you by the lower house for the makeing Tem- 
porary that law touching woolves, if it be not deemed a good 
law, lett it be repealed, for soe it must be afore it cann be 
reduced to its first State, And for any of those other Acts 
made perpetuall in 1676: viz' the Act for Two shillings -p 
hoggshead And the Act for empowering the Governo r and 
Council to make warr or peace &c a I am ready to give both 
houses such satisfaccon as in reason they cann desire at my 
hands 

Signed -p Order John LLewellin Clke of Assembly 



Assembly Proceedings, April 1-26, 1684. 41 

Sent to the lower house *p Majo r Nich Sewall and M r u. h. j. 
Edward Pye: They Returne: 0riginal 

A Petition of the Inhabitants scituate vpon the south side 
of Potapsco River and others holding land there, desireing to 
bee restored into the County of Ann Arundell from whence 
at first they were tak into Baltemo r County by reason of 

their greate distance from and in commodious wayes of goeing 
to the County Court of Baltemo r &c a read and rejected, This 
house Considering that Baltemo 1 County being already very 
small and for other motives the same remaine as now it is. 

John Saxon peticon, setting forth that he had been allowed 
yearly: 

as Drummer to the Prov 11 Court 2000 

as Drummer to the Assembly 1000 

as Doore Keeper 800 

and his Expences: 
That at the ridge he was allowed onely 2000 lb tob: and did 
then & at Calverton Prov 11 Court beare his owne Expences 

read & subscribed viz' 

Aprill 23 th 1684 p-47 

The Upper house doe thinke it but reasonable that the 
Petico r have his full allowance, and referr the same to the 
Committee of Accounts for that purpose: 

Signed -p ord r John LLewellin Clke of Assembly 

A Message from the Lower house *p M r Robert Carvile 
for the Roll of lawes 1682: wherein the last reviveing Act is: 
The same are delivered to him -p Majo r Nicholas Sewall Sec ry 
Adjourne till to morrow morning seven a Clock 

Aprill 24 th 1684: 
Upper house mett p r sent 



f Coll Henry Coursey 
The Hon ble J Coll Tho: Tailler and 



1 Coll Vincent Lowe 



Coll William Digges 
Coll William Stevens 
Majo r Nicholas Sewall 
Coll William Burees 



\ 

L Coll Henry Darnalll 

M r Joseph Wicks and M r ffrancis Hutchins bring from the 
lower house an Addiconall and Supplementary Act to the Act 
for Advancement of Trade 

Read the first time and passed thus: 

Aprill 24 th 1684: 
Upper house have assented 

signed -p ord r Jn° LLewellin Clke of Assembly 

Adjourne for an houre 

Upper house mett p r sent as before: 



42 Assembly Proceedings, April 1-26, 1684. 

U-.h. j. Upper house Aprill 24 th 1684: 

The Additionall and supplementary Act to the Act for trade 
hath passed this house and is now sent back to the Lower 
house who are desired to returne to this house the severall 
Bills before them for Naturalizacon with their assent there- 
unto * 
Signed p order 

John LLewellin Clke of Assembly 

Sent together with the said bill to the Lower house p Coll 
W m Stevens, who affirmeing that some amendm ts should be 
made in the said bill, hath leave to moove the same to the 
house 
p. 48 A Message by Cap' Henry Smith and M r William Hatton 
being an Act for reviveing the Temporary lawes of this 
province. 

The same Read 

A Message p M r Thomas Burford M r Robert Carvile and 
M r John Rousby being three bills for Naturalization viz 1 

An Act for naturalization of Jacob Seth signed as follow 
viz' 

Aprill 24 th 1684: 
The Lower house have Assented. Signed p Ord r 

Cha: Boteler Clke of the Lower house of 

Assembly: 

An Act for Naturalizacon of Nich Verbraeck signed as 
follow viz' 

Aprill 24 th 1684 
The Lower house have assented: Signed p order 

Cha: Boteler Clke of the Lower house of 

Assembly 

An Act for Naturalizacon of Peter Byard Arnoldus de la 
Grange, Peter Slayter, and Jasper Dancres Signed as follow 
(viz') 

Aprill 24 th 1684: 
The Lower house of Assembly have assented 

Signed p ord r Cha: Boteler Clke of the lower 

house of Assembly 

Together with the following Message 

Lower house of Assembly Aprill 24 th 1684: 
Upon reading the severall bills of naturalizacon of the 
severall persons therein named, This house have considered 
that there hath beene usually payd to the Speaker of the house 



Assembly Proceedings, April 1—26, 1684. 43 

of Commons in England a Considerable ffee vpon the passing u -.h. j. 
any private Act this hous hav: seriously debated the same ° n s inal - 
have resolved ; 

That all persons that shalbe naturalized this p r sent Sessions 
of Assembly doe respectively pay unto the Speaker of this 
house the sume of Twelve hundred pounds of tobacco for the p- 49 
ffees of their naturalizacon and that the like ffe be payd to the 
Speaker of the Upper house for the future 

And that the ffee of the Clerke of the Lower house may be 
Three hundred pounds of Tobacco for every naturalizacon 
and noe more: 

And this house desires the Concurrence of the Upper house 
herein: 

Signed p order Charles Boteler Clke of the lower 

house of Assembly 

Upper house Aprill 24 th 1684: 
Upon reading the bill for Reviveing the Temporary lawes 
of this Province this house doe say that the words (soe farr as 
the Court shall judge them not inconsistent with the Condicon 
of this Province which is not to stand revived) relateing to the 
Act Concerning proceedings at law, ought to be raced .out of 
the said bill: And the Act for killing of woolves is a per- 
petuall law so made Anno 1676: and cannot properly be 
brought into a bill of Reviveall but if both houses shall deeme 
the said Act unecessary or of noe use, the same ought to be 
repealed. 

This to be Considered and accordingly provided for by the 
lower house in the reviveing Act before this house cann 
thinke of passing the same soe absolutely contrary to the 
result of his Lopp upon sound reasons given to this house, 
and Communicated to the lower house in a Message from 
hence Yesterday. 

The Lower house is desired to have their Assent to the bill 
for Naturalizacon of Jacob Seth (imperfectly sent vp to this 
house) now plainely expressed and returned to this house. 
Signed p Order John LLewellin Clke of Assembly 

Sent together w th the Act for Reviveing & the bill for natu- 
ralizacon of Jacob Seth to the Lower house p Coll Henry 
Darn all 

Coll Darnall Returned. 

Upper house Aprill 24 th 1684 p- 5° 

His Lordpp haveing referred the day of Sessions appointed 
to be this day untill Saturday next This house have deter- 
mined to heare the Erro rs here depending argued before them 
some time to morrow, if the lower house cann Conveniently 



44 Assembly Proceedings, April 1-26, 1684. 

u. h. j. spare their members therein concerned as Attorneys on either 
' side to which this house desire an Answere : 

Signed p ord r John LLewellin Clke of Assembly 

Sent p M r John Darnall 

Came M r Robert Carvile and made Report that in answere 
to the Last Message sent them concerning tryall of the writts 
of Erro r the day of Sessions being soe neer, and the house 
haveing much busines before them could not pursue the same 
without their Clerke who was an Attorny concerned, but 
to morrow, if they could dispatch their business and conveni- 
ently spare their Clerke in the afternoone they would give 
this house convenient notice thereof 

Adjourned till to morrow morning Eight a Clock. 

Upper house mett Aprill 25 th 1684. 

P r sent 

f Coll Henry Coursey ( Majo r Nich Sewall 

The Hon ble ! Coll Vincent Lowe J M r John Darnall 

I Coll Henry Darnall 1 Coll W m Burges 

[ Coll Will m Digges [ M r Edw d Pye 

Cap' Richard Hill and M r William Peerce from the Lower 
house bring the Two following bills viz 1 

An Act for naturalizacon of Jacob Seth 

An Act for reviveing the Temporary lawes, now drawne 
vp according to the vote of this house Yesterday, 
both signed as follow viz 1 

Aprill 25 th 1684 
Upper house have assented Signed p Ord r 

John LLewellin Clke of Assembly 

p- 5 1 M r Robert Carvile came from the Lower house with the 
Supplementary Act for Trade, the same read and sent to the 
Lower house together with the reviveing bill The Act for 
naturaliz a of Jacob Seth, the Act for naturalizacon of Nicholas 
Verbraek & the Act for Naturalizacon of Peter Byard &c 

A Message from the Lower house p M r Tho: Burford viz' 

Lower house of Assembly Aprill the 25 th 1684 
The members of this house that are Attornys In the tryalls 
vpon writts of Erro r in the Upper house have now the leave 
of" this house to attend the same as was desired by the Upper 
house Message Yesterday 

Signed p ord r C Boteler Clke of the 
Adjourne till the afternoone Lower house of Assembly 

to heare the Erro" 



Assembly Proceedings, April 1—26, 1684. 45 

Mett againe as -p Adjournm' u. h. j. 

Original. 

Present 

[" Coll Henry Coursey f Majo r Nicholas Sewall 

The Hon ble j Coll Vincent Lowe J John Darnall Esq r 

j Coll Henry Darnall ) Coll Will" Burges 

^ Coll W m Stevens ^ Edward Pye Esq r 

A Peticon p r ferred by M r Phillip Lynes to his Lopp dated 
the Twentyeth of ffebruary last and his Lopps ord r for 
Su-psedeas and writt of Erro r to have the merritts of the cause 
brought to a hearing before this house this Assembly read 
to this board. M r Robert Carvile vpon motion made is 
admitted to plead in this house -as Attorny for M r Phillip 
Lynes. He sayes that the members of this houses were all 
or most of them Judges of the Prov 11 Court, from whose 
Judgement they now appeale hither, and he humbly Con- 
ceives that it ought not properly to come before this house, 
Unless his Lopp himselfe were p r sent. 

The house proceed and order the reading the Transcript of 
the Provincial! Court and the Erro rs therevpon. 

Put to the Vote whether the merritts of the Cause with p- s 2 
Evidences or the Erro rs shalbe brought to tryall in this house 
The Consideracon whereof referred till to morrow. 
" An Act for Naturalizacon of Nicholas Verbraeck 

An Act for Naturalizacon of Peter Byard & al 

An Act for reviveing the Temporary lawes: 

A Supplementary Act to the Act for Trade 

Upper house Aprill 25 th 1684 
The necessary repaires of the State house recomended by 
this house to the Consideracon of the Lower house : This 
house desires may be Expedited and sent vp to this house for 
their Concurrence : Signed p order 

John LLewellin Clke of Assembly. 

The aforegoing bills and this Message sent to the Lower 
house p Majo r Nicholas Sewall & M r Edward Pye : 
They Returne : 
Adjourne till to morrow morning Seven a Clock: 

Aprill the 26 th 1684: 
Upper house mett. 

The R l Hon ble the Lord Prop r * 
Coll Henry Coursey f Coll W m Stevens 



The hon ble 



Coll Thomas Tailler The hon bl= J Maj r Nicholas Sewall 
Coll Vincent Lowe ] Coll William Burges 

Coll Henry Darnall [ M r John Darnall 

Present 



46 Assembly Proceedings, April 1-26, 1684. 

u. h. j. Shawe J 

ngina . g. r i u dgm' At which day before the said Lord Prop ry 
Lynes ) in his upper house of Assembly at the City 

of S' Maries came as well the said Ralph Shawe as the said 
Philip Lynes by their Attorneys. Whereupon as well the 
Record and process aforesaid, and the judgement theron given 
as the matter aforesaid for Erro r assigned being by the s d Lord 
Prop" 7 then and there seene, heard, diligently examined and 
fully understood, and mature deliberation being thereon had 
p- 53 It seemeth to the s d Lord Prop 17 in his upper house of Assem- 
bly afores d that in the Record and process aforesaid, and in 
the rendring of judgem' aforesaid, it is in noe wise Erred, 
therefore It is considered that the judgem' aforesaid in all 
things be affirmed, and stand in its full force and effect, the 
said causes or matters aforesaid by the s d Philip Lynes for 
Erro r assigned in anywise notwithstanding ; And it is further 
considered that the s d Ralph Shaw recover ag' the said Philip 
Lynes his cost & charges in the behalfe expended according 
to the forme of the Statute in the case made and provided 

The said Ralph Shaw p Thomas Burford Esq r his Attorney 
prayeth the taxing of costs inter him & Lynes upon argueing 
the writt of Erro r in this house, and that he may have thereof 
Execution w ch was granted him and are as foil, viz' 

• 

Shaw 81 ) 

Lynes j" Costs to Shawe — Ltob 
To coppy of the transcript of the Pro 11 Court besides= 4656 

To coppy of Erro rs filed by Lynes — 866 

To fil plea 24 

To fil bill costs 48 

To coppy ditto 48 

To Entry judgem' 48 

To coppy ditto 48 

To writt of hab. fac possionem 48 

To writt of Execution 84 

To Doore keepers ffees 100 

To Attorneys ffees 1600 

7606 

John LLewellin Clerk of this house presents to the house a 
list of ffees due to him from said Philip Lynes upon the said 
writt of Erro r which he prayes may be entred in this Journall, 
and execution thereupon awarded him w ch was granted as 
foil: viz' 



Assembly Proceedings, April 1-26, 1684. 47 

Shawe ) u. h. j. 

& V costs to . ° ri s inah 

Lynes ) Lynes Ltob 

To pet & ord r for tryall 96 

To fil writt Err r sci fa & ret. 192 

To fil transcript Prov" Court 4656 

To coppy ditto 4656 

To fil Erro" 866 

To summons 6 pson Evidences 228 

To coppy plea 24 



adjourne for an houre 



10718 



Upper house Mett again as p Adjournm' p- 54 

Present as before 

Upper house of Assembly 
Aprill 26 th 1684 
The publick leavy of this Province haveing been usually 
stated by the Clerke of this house by ord r and appointm' of 
his Lsp: wherein greate care paines and labour hath been 
used, This house vote and think necessary that a ffee or 
gratuity for the same be settled upon the said Clark, or that 
the lower house would now and in future Assemblyes see the 
same effected, before the adjournm 1 prorogation or dissolution 
of such Assembly 

Signed p ord r J LLewellin CI of Assembly 

Came M r Thomas Burford Attorney for Michael Ashford 
Leessee of Ralph Shaw and prayed his Lsps writt of hab: fac: 
possessionem to issue forth of this house to the s d Ashford for 
the land & p r misses in dispute betweene him and Lynes, 
which was accordingly granted & ordered to be issued together 
with Execution for his charges — 

The foregoeing Message concerning the publick leavy sent 
to the Lower house p Coll Digges, who hath also in charge 
to acquaint them that his L p is now ready in this house to 
receive them together with what bills they have to present his 
L p : in ord r to conclude this Session. 

Coll Digges ret. the Lower house will send answ r Came 
M r Robert Carvile and Capt John Osbourne from the Lower 
house with the bill for the publick leavy w c h they p r sent to this 
house and in answer to the last Message from this house say, 
that in allotting the payments of the publick leavy there will 
be some considerable surplusage fraction which they are will- 



48 Assembly Proceedings, April 1-26, 1684. 

u. h. j. ing may be deposited in the hands of the Clark of this house 

ngma . tQ ^ e accomptable for the same to the next Assembly, and to 

be allowed thereof what he may deserve for stateing & make- 

ing out the leavy this yeare if sufficient in the said ffraction to 

doe it, otherwise to have made good to him in the next publick 

p- 55 leavy what shall now faile short of his deserts therein 

They returne to their house 

The Act for the publick charge read and sent back to the 
Lower house by M r Secry Darnall for the notes thereupon 
taken by the Committee of Acco ts w ch this house desire to 
puse — 

he Returnes from the Lower house who will send to this 
house the proceedings of the Committee 

The booke of Lawes and Journalls of the Lower house 
Anno 1 681: & 1682 brought into this house by M r James 
ffrisby a member of the Lower house, who haveing delivered 
the same returnes back to the house — 

Cap' Richard Hill and Docf John Brookes from the Lower 
house came and presented to this house (viz') 

An Act for takeing the oath of fidelity to the Lord Prop ry 
together with the oath of ffidelity — not signed by the Lower 
house 

Also the proceedings of the Committee of Acco' s w ch have- 
ing delivered they returne to their house — 

The Act for payment and assessing the publick charge of 
this Province read and passed this house in manner foil: (viz') 

Aprill 26 th 1684: 
Upper house have Assented. 

Signed p ord r 

J LLewellin CI of Assembly 

and sent downe to the Lower house by Coll William Digges 
who is ordered to moove the lower house to expedite what 
business lay before them, and to come with what bills had 
passed this Sessions to the Upper house with all speed, his 
L sp Staying there to receive them 

Coll Digges haveing accordingly delivered his Message 
Returnes and takes his place in this house 

The Speaker and Members of the Lower house accordingly 
haveing prepared themselves, came from their house and were 
admitted into this house, where the Speaker in the behalf of 
the house Salutes his L sp and presents him with these foil bills 
(viz') 
p- 5 6 An Act Against Excessive Usury 

An Act for appointing Court daies in each respective 
County w' h in this Province — 



Assembly Proceedings, April 1-26, 1684. 49 

An Additionall and Supplementary Act to the Act for u. h. j. 
Advancem 1 of trade— Original. 

An Act for Reviveing the Temporary Lawes of this Prov- 
ince 

An Act for paym' & assessing the publick charge of this 
Province. 

An Act for Recording the Journall of the Lower house 

An Act for Naturalization of Nicholas Verbraeck 

An Act for Naturalization of Jacob Seth 

An Act for Naturalization of Peter Byard &c a 

To all w ch bills his L spp passed his Assent and signed the 



Aprill the 26 th 1684: 
Wee will these to be Lawes C. Baltemore 
Signed also & Sealed by the Chancelo" or Keepers of the 
Seale as foil viz' 

Aprill 26: 1684: 
Published under the greate Seale Henry Darnall 

W m Digges 

His L spp in presence of both houses Declares his generall 
disassent to all the Lawes made and passed in his absence out 
of this Province by his deputy, Thomas Notley Esq r in the 
yeare 1678 : save onely such of them as his L p since his arrivall 
had formally assented unto Soe that all other of the said 
Lawes are from henceforth Null and void to all Intents and 
purposes — 

Hee also advises the Lower house to be at the charge of p- 57 
haveing fairely transcribed into a Booke for that purpose all 
the Lawes of the Province for their owne use and their Com- 
mittees upon all occasions, for that he had strictly enjoyned 
his Secrys not to Suffer the Booke belonging to the Office, or 
the Originalls themselves to goe forth of the Office — 

As concerning the words (more or less) in all pattents and 
Grants of land within this Province, often disputed amongst 
the Inhabitants, His L p to remoove all controversies or dis- 
putes of that nature for the future doth in presence of both 
houses declare and make knowne, that by the same shall be 
construed and taken Tenn in the hundred over or und r 

To Conclude, his L spp further signifies to and in the 
presence of both houses, that whereas there is An Act of 
Assembly of this Province for takeing the Oath of ffidelity to 
his L spp : His L spp doth expect all ready and due complyance 
therewith, and that every Member of Assembly & this his 
L sps greate Councill shall before they be admitted to sitt 



50 Assembly Proceedings, April 1-26, 1684. 

u. h. j. there, take the said oath. And whereas several! of the Lower 
nglna ' house have this Sessions rudely presumed to come before his 
L p in his upper house with their hatts on, which his L spp for 
dispatch of business and other reasons to himself best knowne 
had now dispensed with, he hoped their will be more modesty 
and better manners hereafter used, for that indeed his L spp 
would not any longer endure the same. 

And soe his L spp prorogued the Assembly and the same is 
hereby prorogued unto the first Tuesday in Aprill Anno Dni 
1685 

John LLewellin Clk of Assembly 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OE MARYLAND, 

At a session held at St. Mary's, April 1-26, 1684. 

CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

HIS LORDSHIP IN PERSON. 



THE LOWER HOUSE OF ASSEMBLY. 



Joumall Original 

of The Lower house of Assembly journal. 

Att a Sessions Begunn 
And Houlden at the Ridge in An Arrundell County, vpon 
the second day of October In the Eighth Yeare of the 
Dominion of the [Right] Hono ble Charles absolute Lord & 
proprietary of the province of Maryland & Avalon Lord 
Barron of Baltemore &c Annoq Do 

And there Continued vntill the Six th day of Novem fallow- 
ing And then Adjourned Till the first Tuesday [in Aprill 
next] And by his Lops proclamaccon Beareing Date the 15 th 
ffebruary In the yeare aforesd. Conveened to the Cytty of S l 
Maryes vpon the ffirst day of Aprill In the yeare of our Lord 
1684. At w ch day: (viz) 

Tuesday Aprill the first 1684 
M r Speaker and the members, then p r sent, mett at the Court 
house in the Cytty of S' Maryes, And Adjournd Till To mor- 
row Twelve of the Clock. 

Wedensday Aprill the 2 d 1684 
The house Called, and all present as yesterday: 
Then was read what was done Yesterday: 
Then M r Speaker and the rest of the members Adjourn'd 
the house till to morrow Twelve of the Clocke. 

Thursday Aprill the 3 d 1684: 
The house Called and all p r sent as yesterday: 
[Then w]as read what was done yesterday: 
Then [M r ] Speaker and the rest of the members Adjourne 
till To morrow Twelve of the Clocke : 

Fryday Aprill the 4 th 1684 
Then M r Speaker and the members of the Lower house 
were by a messenger Conveened before his Lop in the vpp r 
house, and there his Lop: made a speech, to M r Speaker and 
the members of the Lower house, The purport of w ch is as 
ffolloweth: 

The purport ffirst His Lordsp: sayes that the reasone why he 
of his Lops did Adjourne the last meeting of this Assembly, and 
speech no{ . p ror0 g Ue [^ ( as h e Intended) was to save the 

Temporall Lawes, w ch would Elce have Expired, And That he 



54 Assembly Proceedings, April 1-26, 1684. 

Original is now willing to doe any thing that his Two houses, shall reas- 
journa^ ona j D [y Desire, for the settleing the Temporall Lawes, as alsoe 
of the Lawes mentioned in an Act of Assembly made in the 
yeare of our Lord 1676: 

Secondly: his Lo pp sayes that haveing much business as 
well publique as private to dispatch before his goeing for 
England whither he is [now bound] vpon vrgent Occasions) 
is the reasone why he hath Caused this [Sessions] of Assembly 
to bee at the Cyttie of S l Maryes, Soe neare his [own dw]elling. 

Lo pp Assures this house That his goeing for England [is 
not because of any] greater Inclinaccon to that place then to 
his owne province of Maryland, But an absolute Necessity 
putt vpon him for the Determineing Certayne Matters in Dif- 
ence, between himselfe and the proprietary of Pensilvania 
relateing to the bounds of this province, w ch soe soon as 
Ended, and that he cann be in a Condiccon to leave his heires 
in an vndisturbed Right to this province hee is Resolved To 
Returne hither againe where not Only his Interest but his 
Inclinacon is. 

4 ffourthly ; His Lo pp sayth that it will not be above a month 
before he must depart this province vpon his Voyage for 
England, and th' much business as well publique as private, 
Lyes vpon him, Yet he is willing to spend a fortnight of that 
time, with his Two houses for Settleing the weighty Affaires 
of this of this his Province & desires the Lower house to be 
Soliicitous about the same. 

Lastly, his Lo pp Tooke Notice that M r Speaker had 
Adjourned the Lower house Till This day with a Less number 
of the members then had been vsuall at some Other times. Yet 
since the same was done w th a good Intention to save this 
Sessions of Assembly, his Lo pp declares He is well Content, 
Therewith. 

Then M r Speaker and the members repaire to their [hou]se. 
The house The house mett and Called, All p r sent Except: 

mett and r 1 

Settled. 

M r Leonard Green Sick: "] M r Bartho 11 Ennalls 
Cap 1 Richard Hill I M r James ffrizby 

M r ffrancis Hutchins Lame f Cap' William Peerce 
M r Henry Addames Sick J Cap' Henry Johnsone 

Then was read what was done yesterday: 

The question was then Put, whether it be not Nessary that 
the number of Delegates for makeing a house, According to 
the former Rule of this house, should be lessened: 

Resolved In the Affirmative: 
p. 3 The question was then further Putt, what number of the 
Delegats Should be a house. 



Assembly Proceedings, April 1-26, 1684. 55 

Voted that nine of the Members of this house and the Original 
Speaker shall be a house, Till further Order therein be Taken J° urnal - 
by this house, and Entered vpon the Journall ; 
The booke Then was Majo r Long sent to the Secretaryes to 
sent for. desire them to send one of Their Clerkes, w th the 

& booke of Lawes To this house. 

the house. Then Came Jn° Darnall Esq and Nicholas Sewall 
Esq Secr y [and] bring the booke and severall Rowles of Lawes 
into this house [But desire] may be returned to this Vpper 
house to Night. 

Prizes of Then This house proceed, to the Consideraccon of 
Lyquors. ^g r f Lyquors, as they have been settled by the 
Maiors Court of S c Maryes this p r sent yeare. 

(VIZ') lb Tob: 

Brandy 1 20: p r Gall 

Rumm 100: p Gall 

ffyall & S' Georges Wyne 80: p Gall 

Madara wyne 100: p Gall 

Clarrett & Porto Port 100: p Gall 

Passada wyne 1 20: p Gall 

Sherry & Rheynish wyne 1 20: p Gall 

White wyne 100: p Gall 

Cyder, Perry & quince drinck each 30: p Gall 

Brandy Punch made of a q n of brandy 50: p Bowie 

Rumm Punch made of a q rt of Rumm 40 p Bowie 

Canary 150 p Gall: 

Muscovado Sugar, to be p d for at the Rate of io lb p lb: 

Ordered that all Expences of the publique shall be regu- 
lated, According to the Rates and Prizes aforesd, ffor this 
Meeting of Assembly. 

Voted [that] a Committee, be Appoynted to 
appoynted ° Inspect the Journall of the Lower [house] of the 
To inspect L ast meeting of this Assembly, & report to this 
house what business, was left vnfinished the Last 
meeting, w ch is Necessary to be proceeded On by this house, 
And that report thereof be made to this house by Tenn a 
Clocke To morrow morning. 

Therevpon was made the following Order (viz 1 ) 

Lower house of Assembly Aprill the 4 th 1684 
Order To M r Robert Carvile & M r John Rousby, being 

the Comtee Appoynted to be a Committee for Inspecting the 
Journall of this house, of the first sitting of ft this Assembly 
And report to this house by Ten of the Clocke to morrow 
morning what matter is fitt-to be proceeded vpon, this sitting 
th l was left vnfinnished the Last meeting. 

Signd p Order C Boteler Clk of the Lower house 

of Assembly 



p. 4 



56 Assembly Proceedings, April 1-26, 1684. 

Original The sayd members Takeing with them, the foregoing Order 
Goe out vpon the business They alsoe Take with them the 
Booke and Roles of lawes w ch they are Ordered to deliver to 
the vpp r house. 

The house Adjournes till to morrow Morning Eight a Clock 

Satterday Aprill the ffifth 1684 
The house mett and Called all p r sent as yesterday ; 
Then was read what was done yesterday ; 

Th[en Capt.] Henry Johnsone, & desire this 
Burgess house to Excuse him for not [returning to the 

excuses him- house] sooner, which hee would have done but 

sells . 

that Sickness p r v[ented him which] Excuse being 
Admitted by the house he takes his place. 
Caeciii Bur- Then Ca[me M r ] James ffrizby & Cap' William 

gesses excuse Peerce and desire to bee Excused for not Attend- 
themseives. ^ ^ h ouse sooner> Affirming that they have 

been Eight dayes vpon the water but that Contrary winds, 
have hindered th m for Comeing Sooner, as they really desired 
and Endeavoured, w ch Excuse being Admitted, they Take 
their places. 

Members Then was Cap' Henry Smith and Majo r Thomas 

Added to the Long Added to the Committee for Inspecting the 

Com'« for T ** „ r , . , ■ r ° 

inspecting Journall ot this house, & 

the journall. The Committee Goe out vpon their Charge. 

Bioomfeiid j^r j Q ^ n Bloomfeild appoynted to be Clk of the 

appoynted .-, . r . Jrl * 

a Comtee cierk Comittee of Acco ts 

a bill for Voted that a bill be drawne for Ascertayning the 

Ascertayn- True force & validity of the Lawes of this prov- 
ing the lawes . i -i i 1 t i a i_ r 

Ordered to be ince passed and to be passed In the Absence of 
drawne. tne Right Hono ble the Lord proprietary of this prov- 

ince his heires & Successo rs Lords and Prop rs Thereof, Pursu- 
ant to the Votes of this house, Entered in the Journall of this 
house, Last meeting: And Ordered That this Vote be sent 
to the Committee, for Inspecting the Journall of This house of 
the last meeting that they may draw vp the bill Accordingly: 

The aforesd Vote and Order Signd by the Clk of this 
house [is] sent to the sayd Committee by M r Richard Hall 
He returnes and sayes he hath delivered the same 
Coll Henry Darnall and M r Secry Sewall Come with a 
message from the vpp 1 " house w ch being read is as followeth 
(viz') 

V 1 ft 



Assembly Proceedings, April 1-26, 1684. 57 

Upper house Aprill the 5 th 1684 wnaf 

His Lo pp haveing Signifyed To this house The great 
concerning Care & Trouble he hath Taken in haveing fairely 
Examining Transcribed the Temporall and perpetuall Lawes of 
This Province for the pervsall and Examinaccon of 
this Assembly hath likewise desired for his further satisfaccon 
and to prevent the vnnecessary delay of messages, That the 
Lower house would resolve themselves into a grand Com- 
mittee, and Joyne with this house, in Inspecting & Examine- 
ing The said Lawes, Or to Appoynt some of Their members, p- s 
To Joyne w th some of the members of this house therein, To 
the End that they may receive the Approbation and Con- 
firmaccon of this Assembly w th his Lspps most gracious Assent 
therevnto. In Obedience wherevnto this house doe propose 
Munday next be Appoynted to doe the same. 

Signd p Ord r John LLewellin CI of Assembly 

The Last message Taken Into Consideraccon of this house, 
And therevpon Voted that This house doe Resolve them- 
selves into a gr[and Commi]ttee One Munday Morning next, 
to meet the vpper house [as desired] by the foregoeing 
message ; 

And therevpon was Drawne the following paper 

Lower house of Assembly Aprill the 5 th 1684. 
Answere Voted, That this house, Doe Resolve themselves 
to the last Into a grand Committee On Munday morning next 
message. tQ meet fa e V ppr h ouse as Is desired by the Message 

of this day, by Coll Darnall & M r Secry Sewall 

Signd p Ord r C Boteler CI &c 

The foregoeing vote sent to the vpp r house by Cap 1 Jn° Ors- 
borne & M r James ffrizby, who returne and say that the vpp r 
house is Adjourn'd soe they Could not deliver the same. 

Cap' Smith from the Committee for Inspecting the Journall 
brings the following paper. 

Satterday Aprill the 5 th 1684: 
Resolves Att a Committee for Inspecting the Journall of 

of the Comtee foe Lower house of Assembly Resolved by this 
in g the P jour- Committee th* the matter Concerning prisones 
nal1 - secureing of prisoners and Appoynting Jaylors, 

w ch was recomended by his Lordspp to the Last meeting of 
Assembly, be now Taken Into Consideraccon. 

Resolved alsoe th' the bringing of money Into this province 
be taken Into Consideraccon. 



58 Assembly Proceedings, April 1-26, 1684. 

To"™"* 1 Resolved alsoe th' the bill for Electing and summoning 
delegates be Taken Into [further] Consideraccon. 

Resolved [al]soe that the secrys Record the Lawes of 
this province According to a vote of the Last sitting of this 
Assembly, vide Journall [folio] 41: 42: & 64: 

Resolved alsoe that the house require of the Attourney 
Generall to present to them the bill, According to the Ord r 
vpon the Journall of the house ffolio: 65: for preventing of 
Arrests of Judgment and Stay of Executions. 

Signd p Ord r An' Vnderwood CI Com tee 

Which paper being read 

The House Adjournes Till Munday morning Eight of the 
Clock. 



p. 6 Munday Aprill the Seventh 1684: 

The house mett and Called all present as On Satterday. 
Mr Greens Then Came M r Leonard Green and prayed the 
excuse. Exuse of the house for not Attending sooner Affirm- 
ing, that Sickness hath been the cause of his absence, w ch Excuse 
being Admitted he Takes his place. 

Capt Hiiis Cap 1 Richard Hill alsoe desires to be Excused 
Excuse. because he sayth he hath been [detained] by Con- 
trary winds from Attending sooner, his Excuse being Admitted 
he Takes his place. 

Then was read what was done Satterday 
Message^ Then was M r Burford M r Clem 1 Hill Cap' Richard 
instant 5 Hill & Cap' Orsborne sent [to the Upper House] with 
sent vp: tne message of the 5 th Instant. 

They returne and say they have delivered the same. 

M r Secry Darnall from the vpper house, brings a message 
w ch being read is as followeth. 

Upper house of Assembly Ap" the 7 th 1684 
a message This house have resolved themselves into a grand 
grand Com- Committee & desire the Lower house, to meet them 
ittee. m this house, at Two of the Clock afternoone to 

Inspect & Examine the Lawes of this province, According to 
the vote of both houses. 

Signd -p Ord r John LLewellin CI of Assembly 

The houses This house resolves Into a grand Comittee Accord- 
meet, ing- to the vote aforesd And Coll Philemon Loyd 
Chosen Chaireman They Adjourne themselves Into the Coun- 
cill Chamber, Where were p r sent the members of the Lower 



Assembly Proceedings, April 1-26, 1684. 59 

house as by the Journall Thereof: And of the vpp r house as Original 
followeth: ' Journal - 

Coll Henry Coursey ] (M r Secry Darnall ) 

Coll William Stevens v Esqs: -| M r Secry Sewall V Esq" 

Coll Henry Darnall ) ( Coll William Burges ) 

Disputes After severall Arguments, and disputes Concering 

about a the Joyning the Grand Com tee of the Lower house, 
Chaireman an( j ^q members of the vpper house in One Grand 
Committee and Electing A Chaireman thereof. The question 
was wav[ed by the Upper] house. And Coll Coursey desired 
the members of the Lower house to sitt and proceed to the 
business for w ch they mett, He further proposed it to the 
Choyce of the Lower house, whether they would proceed to the 
Examineing the perpetual Lawesor the Temporall Lawes first: 

Agreed th ( the perpetuall Lawes be first Examined ; 
perpetuaii Then Coll Coursey Ordered his Lopps speech att 
Laws Ex- the Opening of this meeting of Assembly To be 
amined read: w ch was done. 

1: Then was Read an Act for Church libertyes, Made 
Anno 1640: 

And Agreed too: Then was read the Acts following: 

2: An Act for Vncertayne Goods made A 1640: The 
Transcript whereof being Corrected, it was agreed Too. 

3: An Act provideing ag E Certayne Accidents in the Gover- p- 7 
ment made Anno 1640: Agreed too. 

4: An Act Toutching Judicature made A 1647: This Act 
mentioned in the margent of the old book to be repealed : 
and left out of secretary Calverts booke. 

5: An Act Toutching Pagans, made A 1647: This Act 
mentioned in the margent of the Old booke to be repealed: 

An Act Concerning Religion Made A 1649 & 50: being 
Corrected to the Old booke This Act is agreed too. 

6: An Act of Recognition of the Lawfull and vndoubted 
[claim] of the Right Hono ble Caecilius Lord Baron of Balte- 
more and proprietary of the province of Maryland, vnto the 
said pro[vince] and vnto all Islands Ports and Creekes, there- 
to belonging: Made A 1649 & 50: 

This Act Agreed to, the Transcripts being Corrected: to the 
Old booke. 

7: An Act Concerning purchaceing land from the Indians: 
Made A 49 & 50 This Act Corrected and agreed too. 

8: An Act of Oblivion Made Anno 1649 & 50: This Act 
Corrected & Agreed too. 

9: An Act for punnisment of Certayne Offences ag' the 
peace and safety of this province: Made A 1649 & 50: 
Memo This Act to be mended. 



60 Assembly Proceedings, April 1-26, 1684. 

Original 10: An Act for punnishment of such as shall Counterfeit 
journal. ^ L orc i p r0 prys an d his heires Lds and prop" of this province, 
Great seale of This province Made A 1649 an d 50: Cor- 
rected and Agreed too: 

11: An Act against Rayseing of Money w th in this province 
w th out the Consent of the Assembly: Made A 1649 & 50: 
Corrected and agreed to: 

12: An Act Concerning Leavying of warr within this 
province Made Anno 1649 & 50: Corrected and agreed too: 

13: An Act prohibiting the Transportaccon or sale of his 
Lops Ordnance Ammunition] Goods Chattells &c Made 
Anno 1649 & 50: Agreed that a new bill [be presented] to 
his Lop Instead of this Act: 

14: An Act for Speedy payment of debts Due to the Lord 
Prop ry Made Anno 1649: & 50: This Act Corrected and 
Agreed too. 

15: An Act for planting of Corne made A 1649 an< ^ 5° : 
This Act Corrected and Agreed too: 

16: An Act Toutching Indians; Made Anno 1649: and 50: 
This Act Corrected and Agreed too 

The Committee Adjourne To the house. 

M r Speaker Reassumes The Chaire 

And The House Adjourne Till To morrow Morning Eight 
a Clock: 

P . s Tuesday Aprill the 8 th 1684 

The house mett and Called, all p r sent as Yesterday. 

Then was read what was done Yesterday: 

The house resolves Into a grand Committee, And Adjourne 
into the Councill Chamber, where were p r sent of the vpp r 
house the same as yesterday 

Then were read the ffollowing Acts : (viz') 

17: An [Act] for Takeing the Oath of ffidelity to the 
Lord Prop ry made Anno 1649 [and 50] And Agreed to be 
mended: with a saveing of Alleigeance to [his sacred] Majesty: 

18: [An Act concerning Accountants to the Lord Prop ry 
Made A 1649 & 50: This [Act corrected] and Agreed too. 

19: An Act [con]cering Trade with the Indians: Made A 
1649 and 50: This Act Corrected and Agreed too. 

20: An Act Touching Hoggs and Markeing of Cattle mad 
A° 1649 & 50 This Act repealed, by an Act made A 1678: 

21: An Act for punnishing Certayne Offences, as swereing 
Curseing Adultery &c Made Aprill A 50: Corrected and 
agreed too. 

22: An Act for punnishm' of some Other Offences, Made 
Anno 1650: This Act Corrected and agreed too. 

23: An Act prohibitting all Complyance w th Cap 1 William 



Assembly Proceedings, April 1-26, 1684. 61 

Cleybourne in opposition To his Lops Right and Dominion Original 
over this province, Made Aprill A 1650 This Act Corrected J° urnal - 
and Agreed too. 

24: An Act Concerning deserted Plantaccons, Made A 
1650: to be mended: 

25: An Act for Erecting providence Into a County, by the 
name of Anne Arrundell County: Made Anno: 1650: This 
Act Corrected & agreed too. 

26: An Act made at a Gen 11 Assembly the 29 th day of 
Aprill 1658: by Josias ffendall Esq r Governo r Corrected and 
Agreed too 

The Committee Adjourne for 2 hourse 

The Comittee meet, all p r sent as before, as all Coll Taylor 

The Committee proceed to Examineing the Law 

Then was Read An Act for Encouragfem' of such souldiers 
as shall Adventure in the defence of the Country: Made Anno. 
1 661: This [Act] Corrected and Agreed to: 

27: An Act for Appoyntment of Certayne Officers: Made 
A 1 661: This Act agreed to bee a Temporall Law, and to 
be placed in the bookes accordingly 

28: An Act Concerning setting vp a Mint, within this 
province made A 1661: This Act Corrected and Agreed to. 

29: An Act for Port Dutyes and Masters of ships: Made 
A 1 661. This Act Corrected and agreed to. 

30: An Act Concerning purcheing a State house & prisone, 
Made A 1661: This Act Corrected A agreed to. 

31: An Act Imposeing a penalty on such as shall Dispose p. 9 
of Tobacco seized and received by the Sher and Others: 
This Act is agreed to be repealed by An Act made A 1678: 

32: An Act for repeale of a Act Concerning Killing of 
Cattle. 

33: An Act for the p r servaccon of Harbours w th in this 
province made Anno: 1663 & 64: Corrected and agreed too. 

34: An Act Concerning negroes and Other Slaves, made 
Anno 1663 & 64. 

This Act is Agreed to be repealed In Anno 81: Except 

35: An Act for Appoynting Coroners in Each respective 
Coun[ty: Made] Aprill the ro th 1666: Corrected and Agreed 
too. 

36: An Act for Confirmaccon of the Articles of peace 
Made A° 1666: This Act Corrected and agreed to. 

37: An Act prohibitting Com" sherr 3 and Clks to plead 
as Attourneyes in their respective County Courts, Made A° 
1666: Misplaced in all the Transcripts, but read in its proper 
place. Corected & agreed too. 

38. An Act prohibitting the Office of Clerke & Sher to be 



62 Assembly Proceedings, April 1-26, 1684. 

Original Officiated at One & the same time by One and the same per- 
jouma. sone> Made A 1666: This Act Corrected and agreed Too. 

39: An Act for the Explanaccon of a Clause in an Act 
made by Cap 1 W m Stone Toutch hoggs and Markeing Cattle. 
This Act left to be debated. 

40: An Act for Impowring the Governo r & Councill to 
make peace or warr without the bounds of the province 
Made A° 1666: This Act is repealed by An Act made A° 
1678: 

41: An Act for Publishing all Lawes within this province, 
Made A 1666: This Act Corrected and agreed too. 

42: An Act for Continuance of peace with and proteccon 
of our Neighbour and Confederate Indians in Choptanck 
River, Made A 1669: This Act is Corrected and Agreed too, 
Except the last En Acting Clause and pvisoe which vied. 

The Committee Adjourne to the house 

M r Speaker Reassumes the Chaire & 

The house Adjourne Till To morrow Morning 7: a Clock 

Wedensday Aprill the Ninth 1684 

The house meett, and Called, all p r sent as Yesterday: 

Then was read what was done Yesterday: 

The house resolve into a grand Committee, Ad Adjourne 
into the Councill Chamber, Where were p r sent of the vpp r 
house as yesterday 

43: Then was read An Act, for the Recording the Journall 
of the Lower house, made Anno 1669: & Agreed the word 
Adjournment, be left out of the Act 
p- I0 44: An Act ffor Encouragement of such as shall build 
water mills Made A° 1669: Corrected and agreed too, the 
last Clause being repealed. 

45: An Act for Incourageing the Importaccon of Negroes 
& Slaves into this province, Made the 7 th of March 1671: 
Corrected & agreed to: 

46: An Act Impowring the Comissioners of the County 
Courts to Leavy and Rayse tobacco, Towards the defraying 
the Necessary Charges of their Countys Made Anno 1671: 
Corrected and Agreed too. 

47: An [Act] makeing voyd and punnishing all fraudulent 
practizes [Tending to the] defrauding of all reall purchasers 
& Creditors, Made A [1661 Agre]ed too and Corrected. 

48: An [Act Qui]etting possessions, Made Anno 167 1 : 
Corrected and Agreed [to] 

49: An Act for the Rayseing and provideing a Support, 
for his Lopp the Lord prop ry Dureing his Naturall life, And 
likewise a supply Towards the defraying the publique Charge 
of the Goverm 1 Made Anno 1671. 



Assembly Proceedings, April 1-26, 1684. 6 3 

This Act haveing relaccon to An Act afterwards made Original 
Entituled An Act of Gratitude to his Excellency Charles J° urnal - 
Calvert &c An 1674: 

To stand according to the True meaning thereof, vnless 
Otherwise by his Lop: And Two houses agreed to the Con- 
trary. 

The Committee Adjourne to the house 

M r Speaker Reassumes the Chaire. & 

The house Adjournes till To morrow morning: 7: a Clock. 

Thursday Aprill the 10 th 1684 

The house mett and Called All present as Yesterday. 

Then was read what was done Yesterday. 

The house resolves into a grand Committee and Adjourne 
to the Councill chamber where the members of the Upper 
house were p r sent as yesterday 

Then was Read the ffollowing Lawes. 

50: An Act for killing of wolves made A 1671: left to be 

51: An Act for preservaccon of Orphanes Estates: made 
Anno: 1671: This Act is repealed by an Act made Anno 
1681: 

52: An Act for Enrolement of Conveyances and secureing 
the Estates of Purchasers, made Anno 1674: Corrected and 
agreed to: 

53: An Act for appoynting Court dayes in each Respective 
County w th in this province, made Anno: 1674: This Act to bee 
mended by appoynting a Court day for Caecill County 

54: An Act declareing what shall be done by the Sherr 
Ex officio, Made Anno 1674: Corrected and agreed to. 

55: An Act made vpon the peticon of Jn° Long of the Cytty 
of London Merc ht agreed to. 

56: An Act for Erecting a Court house and Prisone in p. n 
Every County within this province, Made An 1674. Cor- 
rected & Agreed too. 

57: An Act for the building a State house and Prisone at 
S c Maryes made An° 1674. Corrected & Agreed too. 

58: An Act for repeale of Certayne Lawes, And Asser- 
tayning the Lawes of this province, Made An 1676: this Act 
to be debated 

59: An Act made vpon the peticcon of Phillip Calvert Esq r 
& J[ohn] Jourdein Overseers of the will of John Jarboa: Made 
Anno. 1676, [a private] Act. 

60: An Act for settleing the Inheiritance of the Reall 
estate [of Robert Keiger] & alsoe his personall estate, vpon 
the Maj r Recorder Alder [men and] Councill men of the Cyttie 
of S' Maryes & their Successo" to the [aforesaid] Robert 
Keigers will mentioned: Made Anno 1676: a priv[ate] Act. 



64 Assembly Proceedings, April 1-26, 1684. 

Original 61: An Act for Limmiting Officers fees, Made An 1676: 
Corrected. And left to further debate for Explanaccon & 
Amendment. 

62: An Act for punnishing a Certayn abuse Committed by 
Henry Ward &c A private Act. 

63: An Act for keeping holy the Lords day: Made An 
1678. Agreed too. 

64: An Act for Confirming the title of Two hundred Acrs 
of land, to M rs Mary Ward vpon her peticon. Made An° 1678: 
A private Act: 

65: An Act Concerning Negroes and Slaves, Made An 
1 68 1 Corrected and Agreed too. 

66: An Act for repeale of Certayne Lawes: Made Anno 
1678: To be debated 

67: An Act for Releife of Jacob Lessler of New Yorke 
Marh' a private Act. 

68: An Act made vpon the peticcon of Samuel Hossworth: 
A private Act. 

69: An Act Explayning An Act Concerning port Dutyes 
& Masters of Shipps. made Anno 1682: Corrected and 
agreed too. 

70: An Act for Advancement of Trade: Made Anno 1683: 
This Act to be mended by a supplementary Act. 

The [Committee] Adjoune To the house. 

M r Speaker Reassumes the Chaire 

The house Adjourne Till To morrow Morning 7 a Clock. 

Friday Aprill the 11 th 1684. 

The house mett and Called, all present as yesterday 
Then was read what was Done yesterday. 
Then Came Cap' Henry John and Complayned, that he is 
sick and not able any Longer To Attend the business of this 
Assembly Therefore desires Leave to goe home, w ch is granted 
to him. 

The house resolves Into a Grand Committee And Adjournes 
into the Councill Chamber: where of the vpp r house were 
p r sent as yesterday, 
p- I2 Then Coll Coursey proposes that a Committee may be 
Appoynted out of both houses to proceed vpon Examinacon 
of the Temporary lawes That soe both houses may goe on 
vpon such Other business as Lyes before them. The Grand 
Committee agree to the proposition And there vpon are 
nominated 

Coll Lowe ") ( Cap' Smith 

ffor the vpp r house & [■ ffor the Lower house -] M r ffrizby & 

CollDarnall) (.M r Clem 1 Hill 



Assembly Proceedings, April 1-26, 1684. 65 

a Committee "T/ Infspect and"] Compare the The Temporary Original 

to inspect T Jr \ . J r r ^ Tournal 

Temporary Lawes of this province. J 

lawes Then [Coll° Tru]man of the Grand Committee of 

the Lower house desires to knowe if [the matter re] marked, 
vpon reading the perpetuall lawes may bee debated in [the 
Comjmittee. 

After [some] debate vpon the Question it was resolved 
That this Committee may debate the matters Remarked vpon 
the Reading of the said Lawes. 

The force of Then The Comittee proceed, and vpon Consid- 
some jawes, eraccon of: 

r n n oth m e e rst- tS An Act Toutching Judicature 

bated and Resolved that the sayd Law is repealed in the 

Resolved yeare 1678: by an Act for repeale of Certayne 
lawes, w ch Act of repeale being Only disassented to in One 
Clause: that is to say: An Act against Exporting his Lops 
Ordinance &c. the remayning part of the sayd repealeing Act 
is in full force, And soe repeales the Act Toutching Judica- 
ture, and therefore the sd Act ought not to stand In the 
booke 

Vpon Consideraccon of An Act Toutching Pagans. 

Resolved that the sd Act stands repealed, by the Repealing 
Act made An 1678: And therefore Ought not to remaine in 
the booke. 

An Act for punnishing Certaine Offences zg l the peace &c. 

Vpon debate of the sd Act: Resolved that a New bill be 
prepared instead thereof. 

An Act prohibitting the Transportaccon &c of his Lops 
Ordnance &c 

Resolved that a new bill be drawne and p r sented to for his 
Assent: Instead of that Act. 

An Act for Takeing the Oath of fhdelity. &c read & 
Resolved that the sayd Act be mended by Adding into the 
Oath [and] saveing of our Aleigeance to his Sacred Majesty. 

An Act Toutching Hoggs & Markeing Cattle: Read & 
Resolved therevpon that the sayd Act is repealed, by an Act 
made An° 1681: and Ought not to remayne in the book: 

An Act appoynting Certayne Officers read & Resolved that 
the sayd Act is Temporary: and ought to stand in The bookes 
as Such. 

An Act Imposeing a penalty, On such as shall dispose of p. 13 
Tobacco Seized and received by the Sher and Others, Read 
And therevpon Resolved That the sayd Act is Repealed and 
therefore ought not to bee Continued in the booke of Lawes. 

An Act Relateing to Negroes and Slaves Read & Resolved 
to be Repealed by an Act made Anno 1681: Except One 
Clause. 



66 Assembly Proceedings, April 1-26, 1684. 

Original An Act Explayning one Clause in An Act toutching hoggs 
jouma. an j markeing Cattle, Read, Debated and therevpon resolved 
That the sayd Act is repealed by a particular Act made An 
1 67 1 and by [an Act to] Repeale made Anno 1678: There- 
fore not to stand in the booke of Lawes 

An Act Impowering to Governour and Councill [to make 
warr] w th out the bounds of this province: Read and Agreed 
to be [repealed with the] Ascertayning Act made Anno 1678: 

An Act for the Support of the Right Hono ble Caecilivs &c. 
This Act left to the further Consideraccon of both houses. 
Resolved that some members of Each house be Appoynted 
to morrow Morning to draw vp an Address to his Lopp: for 
settleing the Lawes of this province 

The Committee Adjourne The house 

M r Speaker Assumes the Chaire & 

The house Adjourne till to morrow morning seven a Clock: 

Satterday Aprill the 12 th 1684 

The house mett and Called, all p r sent as Yesterday Except 
Cap' Johnsone, who is gone home sick. 

Then was read what was done yesterday. 

Cap 1 Orsborne sent to the vpp r house for the Old booke of 
lawes. 

He returnes with book: 

And the Act Concening deserted plantaccons, Being Read 
The booke was [sent back] to the vpper house. 

The [Comittee] Apoynted Yesterday to Examine The 
Temporary lawes Sent to Joyne with the members of the 
vpper house for That purpose [no]minated and soe to pro- 
ceed therein. 

The house Resolve into a Grand Committee, And Adjourne 
into The Councill Chamber, Where the vpp r house are p r sent 
as yesterday. 

The Committee Then proceed To Appoynt 

A Committee -, r t^ i i t- i i a j ij 

appoynted members 01 Each house lo draw vp the Address 
To draw To his Lopp for settleing the lawes of this pvince 

According to the Vote of the Comittee yesterday, 
Therevpon was nominated 

Coll Stevens ~\ I M r Burford 

By the Vpp r house & > By the Low r house -j M r Rousby 

M r Secry Darnall ) (. M r Carvile. 

v- 14 The Committee proceed to Examine and Debate the Lawes. 

An Act for preservaccon of Orphanes Estates. Taken 

into Debate, and being found to be repealed by a Temporary 

act Putt to the question whether a Temporary law, can or 



Assembly Proceedings, April 1—26, 1684. 67 

doth sufficiently repeale a perpetuall Law. th' question not Original 
Answered, but Resolved th' the sayd Act is repealed, by an J ournaL 
Act made for the same End Anno 1681: An Act for 
Appoynting Court dayes. Read. In [which there] is found 
noe day for the Com rs of Csecill County to hold the Co[urt in 
that] County: 

[Then Re]solved th' a bill be drawne vp w lh an amendment 
in that 

Res[olved] the Act ag' Henry ward being performed be 
excluded the New bookes. 

An Act for Repeale of Certayne Lawes made An 1678: 
Resolved th' this Act is in full force Except One Clause 
Relateing to the Exportaccon of his Lopps Ordnance. 

A supplementary Act to the Act for Officers fees made 
1 681: This Act being perpetuall and left out of the Tran- 
scripts, Resolved that the sd Act be Added To the perpetuall 
Lawes. 

An Act for limmiting the County Clerkes fees: made Anno 
1678: being Left Out of the Transcripts: Resolved That the sd 
Act be Added to the perpetuall Lawes. 

An Act for repeale of Certayne Lawes made An 1681: 
Resolved that the sd Act is in full fforce, and Ought to bee 
Incerted into the Transcript of the perpetuall Lawes. 

The Committee Adjourne To the house 

M r Speaker Reassumes the Chaire 
The Com- M r Burford M r Rousby arid M r Carvile, being 

mittee for Appoynted by this house to Toyne with severall 
the Address members of the vpper ho[use com]mittee To draw 
goe out. V p an Address to his Lopp for settleing the Lawes 
of [this Pro]vince According to a vote of the grand Com- 
mittee, yesterday, Ordered that the said Committee goe forth- 
with vpon That Affaire. 

The house Adjournes Till Munday morning 8 a Clocke: 

Munday Aprill the ffourteenth 1684: 

The house mett and Called, all present as on Satterday: 

Then was Read what was done a Satterday 

Then was read a proposall of a member of the house as 
foil 

That whereas severall persones have Complayned that many 
•psones in this province Doe Require, Exact and Extort great 
Interest of the Poore Inhabitants of this province, Twenty ffive p . 15 
pounds p r Cent for the forbearance of all such of the poore 
Inhabitants, that want ability to pay theire debts, for On 
yeares forbearance of their debts as aforesaid. Whether this 
Assembly may not see it necessary to make an Act or law To 



68 Assembly Proceedings, April 1-26, 1684. 

Original p r vent such Extortion so frequently practiced as aforesd, 
journa. -phat all such persones w ch Otherwise may be Compelled to 
pay the same may not be Ruined and brought to beggery, by 
such extortion as aforesd. 

A proposall of a member of the house. 
a proposaii That whereas severall Complaynts are made, th' 
about the the Secretaryes of this province, doe require Exact 
Secrysffees. an j Take 240 lb of Tob[acco for making] drawing 
and recording of a pattent for land, whereas [former] Secrys 
required Noe more then i2o' b of Tob: w ch was According 
[to] what the law of this province did Allow him for the same. 

Whether it be not Necessary to Inquire into the Truth of 
the premises, And if it be found true, to further Inquire and 
knowe, the Cause & Just reasone thereof vpon what Account 
and by what law, the Secryes as aforesd doe require Exact 
and recive double fees, as aforesd for the same. 

These proposalls Referred to further debate. 

Then was Drawn the following Message by Ord r of the 
house. 

Lower house of Assembly Aprill the 14 th 1684 
. n .,, This house desire the vpper house To Appoynt 

A Committee r\r re J_ 

of Accots some of the members of their howse lo Joyne with 
desired some of the members of this house In a Committee 

To State the Publique Acco ts of this province. 

Signed *p Ord r C Boteler CI &c. 

Which being read and Signd was sent to the vpp r house by 
Cap' Orsborne and Maj r Long: They returne and say they 
have delivered the same. 

The house Adjournes till To morrow morning 7 a Clock. 

Tuesday Aprill the 15 th 1684: 

The [house] mett and Called all present as yesterday 

Then was read what was done yesterday. 

Then was read James Martins peticon for a Maintenance, 
haveing have lost all he had by ffire. 

The peticoner Referred to the Consideraccon of the Com" 
of the County Court 

M r Secry Sewall brings a message from the vpp r house w ch 
being read is as foil: 

Upper house Aprill the 15 th 1684 
This house haveing- already loyned with the Lower 

Answere > *&/JJ 

to the last house in Two Com"" have not members enough, 
message. now | e f t tQ sett f ortn ari y more b u t soe soone as 

there shall be any greater Appearance in this house, this 



Assembly Proceedings, April 1-26, 1684. 69 

house, will then Appoynt some One or more of theire mem- Original 
bers to Joyne In Committee with some of the Lower house, p OU , r 6 na ' 
To State the publique Acco ts as is desired by the message of 
the Lower house yesterday. 

Signed -p Ord r John LLewellin CI &c. 

The Committee for drawing vp the Address to his Lopp 
for Settleing the Lawes of this province. Come In to the 
House and Present to the house the ffollowing Address (viz') 

To the Right Hon ble Charles Absolute Lord & prop ry of the 
pvinces of Maryland & Avalon Lord Barron of Balte- 
more &c. 

The ticcon & Address of yo r Lops Two houses of 

Assembly 
[May it please] Yo r Lopp: 

Wee your Lopps most humble servants the mem- 
Houses bers of the vpp r [and] Lower houses of Assembly 
address m this p r sent genr 11 Assembly Conveened w th all 
Immaginable gratitude Acknowledging the happy- 
ness peace & tranquillity This your Lordships province 
(through the blessings of God & yo r Lops and honoured 
ffather of noble memory deceased, Care Vigilancy & sereen 
gov r ment) Hitherto Injoyed and the many ffavours and bene- 
fitts & Immunityes wee have In genrall received from your Lops 
bounty and Clemency & withall Takeing into their serious 
Consideraccon, Your Lops Gracious speech made to vs your 
Lops Two houses, at the Opening of this p r sent meeting of 
Assembly, wherein amongst Other things therein Conteyned 
yo r Lopp pleased to Communicate, To yo r Two houses that 
the great Exegencie of yo r Lopps Affaires required your 
Lops speedy voyage for England, And that notwithstanding 
yo r Lops many Other vrgent Concernes as well private and 
Publique, & th l yo r Lop was much staitened for time for the 
Accomplishing Thereof yet yo r Lop was graciously pleased to 
Condescend to Impart a great share thereof to vs your Two 
houses In Order to the settleing and Establishing the per- 
petuall and Temporary lawes of this province in such manner 
as may best Conduce to the good welfare and Securyty 
thereof yo r Lopp vouchsafeing to Assure your Two houses, 
that to Joyne w th [them] therein Or in any thing they could 
reasonably expect, at yo r Lops [desire] as the Cause, of yo r 
Lopps appoynting this meeting, and for the Effecting whereof 
Nothing should be wanting On your Lops part. 

And seeing since the Last meeting of assembly yo r Lop: (in 
Order to the better Settleing the Lawes of this province) hath 
Caused the Lawes of this province To be fairely Transcribed, 



70 Assembly Proceedings, April 1-26, 1684. 

Original And hath made Three Coppyes Thereof Offering the same to 
jouma. ^g Consideraccon of your Lops Two houses ffor their veiw 
perusall Approbaccon & Amendment Thereof & Assent To 
the same, That soe after Due Examination of them they might 
w th the Advice & Consent of your Lopps Two houses receive 
their full vygour and force by your Lops Assent and Con- 
firmacon. 
p- 17 Now may it further please yo r Lo p Your Lo pps Two houses 
of Assembly In the first place hereby returning yo r Lo p their 
most humble & harty thankes for yo r Lo ps great kindness, 
Love & Affeccon & Studious Care for the good and wellfare 
of the good people of this yo r Lops province Doe in the next 
place, humbly Assure your Lop: that in Obedience to yo r 
Lopps Commands, they have Carefully and dilligently revised 
& Examined the sd Three Transcripts of the Lawes aforesd, 
and Compared them w th the auncient Book of Lawes, and 
such Originalls as Came to our V[iew In the] puseing and 
Examineing whereof, they have found some Err[ors and 
mistajkes & made Observations, for some Necessary amend- 
ments [to be made as well] in the auncient booke of Lawes, 
as in the Coppyes or [Transcripts] And have reduced the 
Titles of all the perpetuall Lawes, by your [Lopps] Two 
houses of Assembly desired to be Confirmed Into a Shedule 
herevnto annex ed w th such necessary amendments to the same, 
to be a new drawne Over, as to your Lordsp shall seem meet, 
and the the present Juncture of time will permitt, to be fairely 
ingrossed In a booke for That purpose, To all w ch perpetuall 
Lawes added and amended as aforesd, your Lopps two 
houses of Assembly doe humbly beseech Yo r Lop will be gra- 
ciously pleased to give your Lops Assent vnto and Approba- 
tion & Confirmaccon thereof and Cause the same to be fairely 
Ingrossed in a booke for that purpose and that all Other the 
perpetuall Lawes and Acts of Assembly heretofore made and 
published in this province of what kind or quallity soever, 
Other then what are in the Schedule Herevnto Annexed men- 
tioned & amended as aforesd And by the Consent of your 
Lop: and both houses Thought fitt to be entered, in the new 
booke aforesd, may stand and bee for ever Absolutely 
Repealed 

Your Lops Gracious Condescention herevnto & Confirm- 
accon hereof as aforesd before your departure is (with all Due 
Obe[dience] and Submission to your Lops good will & pleas- 
ure therein) [most] humbly offered to your Lops Consider- 
accon by yo r Lordsps Two houses of Assembly, as the Cheifest 
meanes to p r serve & Continue the peace and vnity and welfare, 
of this your Lops province & the Inhabitants thereof In their 



Assembly Proceedings, April 1-26, 1684. 71 

Just and Due Obedience, In whose harts you will Rule, and Original 
Cofnand, vpon all Just Occasions what shall be necessary, for J° urnal - 
the defence and support of the Dignity of This your Lops 
Goverment. 

Signed -p Ord r An' Vnd r wood CI Com tee 

The sayd Committee alsoe p r sent to the house the following 
paper of Amendments, being the proceedings of the Com- 
mittee In relaccon to the Lawes of this province: viz' 

Amendmts Munday Aprill the 14 th 1684 p- i8 

r th f 'a™ 63 ' "^ tt a Committee of both houses Appoynted for 

on by the drawing vp an Address To the Right hono bIe the 

committee Lord Prop ry Relateing to the Lawes of this Prov- 

for drawing . A ° 

the Address. lnCC 

Present of the vpp r r house Present of the Lower house 

f The Hono ble Coll W m Stevens ) ( M r Robert Carvile ) 
\ The Hono ble Jn° Darnall Esq r j \ M r Thomas Burford I 

(M r Jn°Rousby J 

Impr s 

Resolved by this Committee th' it is very Expedient th' the 
Act provide[ing against] suddayn Accidents in the Gov- 
erment be amended. 

2 dly [Resolved] likewise th' the Act Toutching Judicature 
made An° 1646 be alsoe [amended] In regard of a Clause 
therein (Viz') In defect of law the &c Is Condemned by an 
Other Act Entitled an Act Concerning proceedings at Law 
w ch sayes, Leaveing to much to discretion is to Open a Gapp 
to Corruption. 

3 dly Resolved the Act Toutching pagans, being found to 
bee Incerted into Other Lawes, Ought to bee repealed. 

4 thly Resolved th'the Act for punnishing Certayne Offences 
ag' the peace &c should be mended : 

5 thIy Resolved th' the Act prohibitting the Exportaccon & 
Sale of his Lopps Ordnance, &c be Inspected in Order to 
Amendment. 

6 tbJy Resolved that the Act Toutching hoggs and markeing 
Cattle, although Incerted in his Lops Booke for a perpetuall 
Law, Stands Repeald by an Act made Anno 1671: 

ythiy R eso lved that the Act for Appoyntment of Certaine 
officers, is a Temporary Law, & therefore to be putt out of the 
perpetuall law booke. 

gtwy ^ n j A lCt f or Imposeing a penalty On all such as shall 
dispose of Tobacco Seized & received by the Sher. &c made 
An 1664: That there is an Other Act made since (viz') 1678: 
Doe thinke it meet th' the Latter Act being allwayes revived, 
to have it made perpetuall [and the] Other Repealed. 



72 Assembly Proceedings, April 1—26, 1684. 

Original g'^y An Act for Explanaccon of that Clause in an Act made 
journa . - n ^ e time f Cap' Stone 1649. Toutching hoggs and marke- 
ing Cattle in his Lops [booke] of Lawes mentioned is by an 
Act made Anno 1671 Repealed. 

io thly Memorandum. That a new Law be made Toutching 
hoggs and markeing Cattle. 

jjthiy R eso ] ve( i that an Act for Continueing of peace w th & 
proteccon of &c That the last Enacting Clause & -pviso be 
repeal'd if thought Convenient. 

1 2 thly Resolved th' the Act for killing- of wolves be Taken 
into Consideraccon. 

jjthiy ^ n ^ ct f or S ecureing Orphanes Estates made An° 
1 67 1. is repealed in An 1681: by a new law made for that 
purpose, 
p. 19 i4 th 'y An Act for the support of his Lopp made Anno 1671 
to be Taken into Consideraccon. 

I5 thly An Act of Gratitude to his Excellency Charles &c 
made Anno 1674 To bee Considered off. 

i6 thly An Act for limmitting the County Clerkes fees, to 
bee inscribed into the New booke. 

jjthiy a supplementary Act to the Act for Officers ffees, 
made Anno 1681 To be inscribed into the New booke. 

jgthiy Memorand A supplementary Act to be made to the 
[Act for] Advancement of Trade 

Signd p Ord r An' Vnder[wood Clk] Com'" 

Which paper being read, was Taken into the Imediate Con- 
sideraccon of this house, and vpon serious debate, Resolved 
as foil: viz' 

Impr s To the first Article, That the Act therein mentioned 
Stand as it is in the New booke. 

2 dly To the second, That the Act therein mentioned be left 
out. 

3 dly To the Third: That the Act Toutching pagans, is 
Repealed 

4 thly To the ffourth: That the Act for punnishment of Cer- 
tayne Offences ag' the peace &c Be amended, But the Amend- 
ments referred to further Consideraccon and that the Act for 
the safety of his Majestyes persone be Consulted 

5 thly To the ffifth: That the Act prohibitting the Transpor- 
taccon & sale of his Lops Ordinance, be mended according to 
a bill presented to the vpp r house last sitting. 

6'hiy To the sixth That the Act Toutching hoggs and marke- 
ing Cattle bee left out. 

ythiy To the seventh, That the Act for appoynting Certayne 
Officers, is a Temporary Act 

8 thiy To the Eighth, That the Act Imposeing a penalty One 



Assembly Proceedings, April 1-26, 1684. 73 

all such as shall dispose of Tobacco seized and received by the Original 
Sher: Doe stand as A Temporary Act. Jouma . 

9 thly To the Ninth. That the Act for Explanacon of th' 
Clause in an Act made 1649: Toutching Hoggs and Marke- 
ing Cattle, is Repealed. 

io thly To the Tenth That a new law is not necessary: 

nthiy To t he Eleventh: That the Act for Continuance of 
peace, with and proteccon of our neighbour and Confederate 
Indians in Choptanck River, Doe stand According to the 
True Intent and meaning thereof 

1 2 thIy To the 12 th That the Act for killing of woolves is A 
Temporary law. 

The house Adjournes Till Tomorrow morning Eight a Clock 

Wedensday Aprill the 16 th 1684 p- 2 ° 

The house Called and all present as yesterday. 
Then was read what was done Yesterday. 

The was the Act for punnishing Certayne offences 

An Act of . 

pai-iament ag c the peace &c taken into ffurther Consideraccon, 
of England And An Act of Parlament made in the 13 th Yeare 

Read . . 

of the King that now is Entitled An Act for safety 
of his Majestyes persone, and Goverm' Against Treasonable 
and Seditious practices was read in this house, And the sayd 
Act, as alsoe the Act for [punishing] Offences, Referred to 
A Cofnittee, To draw vp a bill for the [security of his] Lops 
persone and Goverment, Accordingly. 

The house Then this [house] proceed vpon the Amendm" 
proceed p r sented by the Cofnittee. 

committee 1 3 thly To [the l 3 th ] Article, Voted that the Act 
Report. f or preservation of Orphanes Estates, made An 
1 671: was repealed by an Act made 1681 

r^thiy Xo the 14 th Voted th' the Act for support of his Lop. 
Stand according to the true Intent and meaning thereof: 

i5 thly To the 15 th Voted that the Act of Gratitude to his 
Excellency &c Stand According to the true Intent and mean- 
ing thereof. 

i6 thly To the 16 th Voted That the Act for limmittincr the 
County Clerkes fees, be Inscribed into the new Transcripts. 

jythiy To the 17 th Voted That The supplementary Act to 
the Act for Officers fees, be Inscribed into the new Tran- 
scripts. 

i8 tHy To the 18 th Voted that a Supplementary Act to the 
Act for Advancem' of Trade be Considered of by this house. 

Vpon Reading the Act for recording the Journall of the 
Lower house Voted That the word Adjournment be left out 
of the sayd Act. 



74 Assembly Proceedings, April 1-26, 1684. 

original Qrder to the M' Burford M r Rousby & M r Carvile, Appoynted 
Committee to joyne with the memb rs of the vpper house in 
nSf the Committee to ffinnish the Address, And for draw- 
Address & ing vp a Schedule to be Annexed Therevnto,but if 
Schedule. j t happen, That the members of the Vpper house 
doe not agree with the [members] of This house, Then the 
members of this house are Ordered to [prepare] themselves 
to draw vp the sd schedule, and present it To the Consider- 
accon of this house. 

Coll Stevens and Coll Bring a message from the vpper 
house which being read is as followeth: (viz 1 ) 

Upper house Aprill 16 th 1684: 
a Conference Jhe Two Committees of both houses Appoynted, 
Comittee to Inspect & Examine the Temporall & perpetuall 

desired. Lawes of this province haveing p r sented their 

report to both houses, This house desires to Conferr with the 
Lower house in the Grand Committee Toutching some Result 
to be made Therevpon In Ord r to present to his Lordship for 
p- 21 his Approbacon And Assent To what may Thought Necessary 
Therein. 

Signed -p Ord r John LLewellin CI &c. 

Put to the Question whether this house shall goe and Con- 
ferr w th the Upper house, as is Desired by the Last message, 
before the members returne from the Committee. 

Past in the Negative. 

In Answere wherevpon was drawne the ffollowing message 

Lower house of Assembly Aprill the 16 th 1684 
An«=™,»r» f„ This house haveing sent out their members, Nomi- 
the last nated to Jo[in in Com]mittee with the members: 
message Q f ^ Upp er house, to regulate the report [of the 
Committee] brought into this house yesterday, In Order to the 
better Asser[taining] all matters which ly before the Two 
houses. In Relation to the Temporary [and] perpetuall lawes, 
of this province Cannot well Come to a Conference w th the 
upper house about the same, vntill their sayd members 
returne to this house w th Their report soe regulated, But then 
this house will meet the vpp r house in a Conference about the 
same as is desired. 

Sign'd -p Ord r C Boteler CI &c: 

which being read and sign'd was sent to the vpp r house by 
Cap' Hill and Doctour Brooke. They returne and say they 
have delivered the same. 



Assembly Proceedings, April 1-26, 1684. 75 

Coll Low & Edward Pye Esq r bring a message from the Original 
vpp r house w ch being read is as followeth (viz 1 ) Journal. 

Upper house Aprill sixteenth 1684: 
The vppr The Lower house by their Last message to this 

reply There- house haveing signifyed That their Committee is 
vnt0 sent out to regulate their report made yesterday 

& that till they returne to the house, They cannot well Con- 
ferr w th this house, as is desired; This house doe approve 
thereof and desire that for the more Effectuall dispatch of the 
busines in hand, Their sayd Com tee may not only be stirred 
vp to Expedite what they have in Charge, but may [be 
fully] Commissionated, to debate and Consider of all matters 
relat[eing to] both the perpetuall and Temporall Lawes for 
the result of Both houses, at the Conference in the Grand 
Committee. 

Signd *p Ord r John LLewellin CI &c. 

A C d™!"r This house Appoynt M r Clemment hill and M r 
a Supple- g Richard Hall to bee a Committee to prepare a Sup- 
mentary plementary Act To the Act for Advancem 1 of Trade, 

Act To the , . . 

Act for and To Incert therein all such things as they shall 
Trade ap- De advised will be Necessary for the good and bene- 

poynted r r i i r i - • 

ntt 01 tne people 01 this province. 
And then was drawne the ffollowing message, (viz 1 ) 

Lower house of Assembly Aprill the 16 th 1684 
a message This house haveing appoynted a Committee to 
reiateing prepare a Supplementary Act, to the Act for 
to the same Advancem* of Trade, Doe desire the vpp r house 
that if They have any petitions or Other matters before them p- 22 
reiateing Therevnto They may be Transmitted to this house 
for the perfecting the sayd Bill: 

Signd p Ord r C Boteler Cler &c. 

Which being read and Signed, was sent to the vpp r house, 
by the s d Comittee who return and say the vpper house is 
Adjourned, soe they Cannot deliver the same, But that They 
will sitt very Early in the morning: 

Ordered th c the sd persones deliver the message to the 
vpp r house as soon as They sitt and doe proceed vpon their 
Charge. 

[The] house Adjourn till to morrow morning 7 A Clock: 



76 Assembly Proceedings, April 1-26, 1684. 

Original Thursday Aprill the 17 th 1684 

Journal. J C IT 

The house mett and Called all p r sent as yesterday 
Then was read what was done yesterday 
Mr Hutch- y[r ff ranc i s Hutchings a member of this house 

ingsprsents ... . ° .... . 

himseife hitherto absent now presents himselte, and sayes 
to the house, jftt a f ew ^ a y eSj before the meeting of this Assembly, 
he broake his Arme and was thereby rendered vnable to 
Attend this house sooner, This Excuse being apparent is 
Admitted and he takes his place. 

The report The Committee for the Address, and Regulate- 
of the Com- ing the Schedule make report of their proceedings, 

The Address as followeth: 

&reguiateing ffirst They present the Address ffaire written w ch 

the Schedule was read 

Then they present to this house a paper or Schedule to be 
annexed To the Address w ch is as followeth. (viz') 

The Titles of the Lawes, in the peticcon and Address here- 
vnto Annexed, mentioned, Desired to be by his Lopp Con- 
firmed, according to the Alterations and Amendments pro- 
posed 

An Act for Church Libertyes An 1640: 

An Act for vncertayne goods An 1640: 

An Act provideing ag £ Suddayne Accidents in the Goverm' 
1640 

An Act Concerning Religion An 1649 & 50 

An Act for Recognition of the Lawful! and vndoubted Right 
& Title of The Right Hon ble Caecilivs Lord Baron of Baltemore 
absolute Lord and Prop ry of the province of Maryland, vnto 
the said province, & vnto all Islands ports and Creekes 
thereto belonging. 

An Act Concerning purchaseing land from the Indians 

A 1649 5°: 

An Act of Oblivion made An 1649 & 50: 

An Act for punnishing Certayne Offences ag' the peace & 
safety of this province An 1649 & 50: To be mended Accord- 
ing to A new bill To be presented To his Lopp 

An Act for punnishment of such as shall Counterfeit The 
p- 23 Lord Prop rys and his heires Lords and Prp rys of this province 
great Seale of this province 

An Act against Rayseing of Money w th in this province 
w th out the Consent of the Assembly Anno 1649 & 50 

An Act concerning leavying warr w th in this province, An° 
[649 & 50 

An Act prohibitting the Transportaccon and Sale of his 
Lops Ordnance ammunicon goods Chattells &c. Ann 1649 & 
50. That the sayd Act is to be mended according to a new 
bill to be presented to his Lopp 



Assembly Proceedings, April 1-26, 1684. 77 

An Act for the speedy payment of debts Due to the L d Original 
prop'y [An 1649 & 50] JournaK 

An Act for the planting of Corne, Anno 1649 & 50. 

An Act Toutching Indians Anno 1649 & 50: 

An Act for Takeing the Oath of fidelity to his Lopp: the L d 
Prop ry To be amended with a Saveing of Alleigeance to his 
sacred Majesty: 

An Act concering Accomptants to the Lord Prop ry Anno 
1649 & 50: 

An Act Concerning Trade with the Indians Anno 1649: 

An Act for punnishment of Certayne Offences as swearing 
Cursing and adultery &c Aprill Anno 1650: 

An Act for punnishment of some Other Offences Anno 1650: 

An Act prohibiting all Complyance w th Cap' William 
Cleybourn: in opposition to his Lops Right & Dominion over 
this province, Aprill Anno 1650: 

An Act Concerning deserted plantacons, Anno 1650. 

An Act for Erecting providence Into a County by the name 
of An-Arrundell County: Anno 1650. 

An Act made at a Gen 11 Assembly the 29 th day of Aprill 1658 
by Josias ffendall Esq r Governour: 

An Act for Encouragement of such Souldiers as shall 
Adventure in the defence of the Country: Anno 1661: 

An Act Concerning setting vp of a Mint w th in this pvince 
An° 1661: 

An [Act for] port Dutyes & Masters of shipps. Anno 1661: 

An [Act for] purchaceing a State house & prisone An 
1 66 1. 

An Act for the p r servaccon of the Severall Harbours w th in 
this -pvince: 1663:4 

An Act Concerning Negroes & Slaves Anno 1663 & 64: 

An Act Appoynting Corroners in each respective County. 
An 1663 & 64: 

An Act for Confirmaccon of the Articles of peace made w th 
the Indians: 1663 : 4 

An Act prohibiting Com" Sherriffs & Clerkes, to plead as 
Attourneyes in the Respective County Courts, Anno 1666: 

An Act prohibitting the Offices of Gierke and Sherriffe to 
be Officiated At one and the same time by One and the same 
persone. Anno 1666: 

An Act for the publication of all lawes within this province 
for the future. Anno 1666. 

An Act for Naturalizeing of John Jarbo & Others Anno. p. 24 
1666. 

An Act for Naturalizaccon of James Neale & Others Anno 
1666. 



78 Assembly Proceedings, April 1-26, 1684. 

Original A n Act for Confirmaccon of peace w th and proteccon of our 
Neibour & confederate Indians in Choptanck River, Aprill the 
13 th 1669. Except the last Enacting Clause w ch is fallen. 

An Act for recording the Jourall of the Lower house. 
Anno 1669. The word Adjourment to be left out. 

An Act for Encourageing such persones as will vndertake 
to build water [mills] Anno 1669: 

[An Act] for the IncourgnV of the Importaccon of Negroes 
& Slaves into this province the 7 th of March 1671: 

An Act for Naturalizacon of Garrat vansweringen & Others 

An Act Impowering the Comission rs of the County Courts 
to Leavy & Rayse tobacco Toward the defraying the Necessary 
Charges of their Countyes An 1671: 

An Act for Naturalizacon of Dehyniosa Johnsone & Others. 

An Act for makeing Voyd and Punnishing of all fraudulent 
practices tending to the Defrauding of reall purchasers & 
Creditors, An 1671: 

An Act for quieting possessions Anno 1671: 

An Act for the Rayseing and provideing a support for his 
Lop the Ld ppriet ry dureing his Naturall life, & likewise a 
supply toward the defraying the publique charges of gover- 
nment: Anno 1 671: Being it hath relaccon to an Act after- 
wards made Entitled an Act of Gratitude to his Excellency 
Charles Calvert Esq r Cap' Genr" of Maryland In Anno 1674: 
To Stand according to the True Intent and meaning thereof, 
vnless Otherwise by his Lopp & Two houses agreed to' the 
Contrary: 

An Act prohibitting all Sherriffs Subsherriffes or deputy 
sherriffes all Clerkes Subclerke and debuty Clerkes, to plead 
as an Attourney in any Co rt or Courts, where he or they shall 
beare such Office. Anno 1671: 

An Act for Naturalizacon of Mathyas Decosta: & Others 
[Anno] 1671: 

An Act of Gratitude to his Excell y Charles Calvert Esqr 
[Cap 1 Gen 11 ] of Maryland Anno 1674 13 Aprill: To Stand 
according to the true Intent & meaning of it, vnless Otherwise 
provided this Assembly: 

An Act for the Inrolement of Conveyances and secureing 
the Estates of purchasers, Anno 1674: 

An Act for Appoynting Court dayes in each respective 
County within this province. Anno 1674: Caecill County being 
a New County since is left out. A day to be appoynted when 
they shall Hold Their Courts. 

An Act Declareing what shall be done by the Sher ex 
officio: An° 1674: 

An Act for Erecting a Court house and prisone in Every 
County w th in this province. Anno 1674 



Assembly Proceedings, April 1-26, 1684. 79 

An Act for the building a State house & prisone at S' Original 
Maryes Anno 1674: ' J° u 2 ™ al - 

An Act made vpon the peticon of John Long of London 
Marc ht Anno 1674: 

An Act for Naturalizacon of Jacob Dehattaway & others 
Anno 1674: 

An Act made vpon the peticcon of Phillip Calvert Esq & 
John Jourden Overseers of the will of John Jarboa: Anno 
1674. 

An Act for the settleing the Inheiretance of the Reall estate 
of Robert Cager as alsoe his personall Estate, vpon the Maj r 
Recorder Aldermen & Common councill men of the Cyttie of 
S' Maryes to the vses in the sayd Robert Cagers will men- 
tioned: Anno 1676: 

An Act for limmittacon of Officers flees, Anno 1676: [This 
Act] may be Explayned and Amended. 

An Act for keeping holy the Lords day: Anno 1678: 

An Act for limmiting the County Clerkes ffees w th in this 
■pvince An 1678 

An Act for the Confirming the title of Two hundred Acres 
of land to Mary Ward: vpon her petition Anno 1678. 

An Act Concerning Negroes and Slaves, Anno. 1681 

A Supplementary Act to the Act for limmittaccon of Officers 
ffees 1 68 1 

An Act made vpon the peticon of Samuell Holdsworth 
Anno 1 68 1 

An Act explayning an Act Concerning port Dutyes and 
Masters of shipps. Anno 1682: 

An Act for Naturalizaccon of Jossua Guibert & Others, 
An 1678: 

An Act for Naturalizacon of Jacob Looton & Others Anno 
1682: 

An Act for Advancement of Trade Anno 1683: 

An Act for Naturalizaccon of John Coosines & Others, 
Anno 1683: 

Signd p Order Ant: Vnderwood Clk Com tee 

The members Ordered To goe with the message last Night 
about the supplementary Act, goe with the same and are 
further Ordered to acquaint the Vpp r house th' This house is 
ready to meet in A grand Committee According to the 
Message yesterday. 

They [returne and] say th' To the Verball message the 
vpper house Answere that they have [not] received A report 
for their members, and therefore are not Ready for the same, 
but soe soone as they have received a Report they will send 
word. 



80 Assembly Proceedings, April 1-26, 1684. 

Original 1 hen the sayd Committee p r sent to this house the foil paper 
Journa ■ as a further report of Their proceedings in Committee (viz') 
Acts not Acts not y ett a gi'eed vpon by both houses, 

yen agreed An Act for punnishing Certayne offences ag' the 
° n " peace &c Anno 49 & 50 

An Act prohibitting The Transportaccon of his Lops Ord- 
nance, &c Anno 1649 & 50 

An Act for Takeing the Oath of ffidelity: Though agreed 
on by the Committee of both houses, Yet not fully Con- 
cluded On: 

An Act Concerning deserted Dlantaccons. 

An Act Impowering the governour and Councill to make 
p. 26 warr and peace Without the bounds of this province Anno 
1666. 

An Act for recording the Journall of the Lower House. 

An Act for provideing support for his Lopp: 

An Act of Gratitude to his Excellency Charles Calvert 
Esq. &c. 

An Act for Appoynting Court dayes &c. 

An Act for Limmitaccon of Officers fees &c. 

An Act Imposeing a pennalty on such who shall dispose of 
Tobacco &c. 

An Act for Killing of wolves. 

Signed -p Ord r Ant: Vnderwood Cler Com'" 

M r [Darjnall Acquaints this house That the Vpp r house are 
ready to meet this house in a Grand Committee, he alsoe 
delivers the following paper 

William Blankinstein Aged 24 yeares or thereabout 
deposeth as followeth. 

That M r Jacob Young is soe sick & weake 
Excuse forgot being all over his body broken out with Boiles & 
Comeing to sores, that he is alltog-ether vncapable of gfoeinp- 

this Assem- ,'. „ , & T r & & 

biy According or being Carryed vpon any Journey or voyage 
to his bond w' h out apparent danger of his life, w ch is humbly 
Certyfyed to his Lopp and the vpp r house of 
Assembly. 

Jurat Cora me 6° Die Will Blanckinstein 

Aprilis 1684: Geo Talbott 

Vpp r house Aprill iy lh 1684 
This house have Admitted of the Above deposition in 
Excuse of Jacob Young to save him and his baile for not 
appearing this Assembly and send it Downe to the Lower 
house, for their Concurrence & Approbaccon. 

Signd *p Ord r Jn° Lewellin CI &c: 



Assembly Proceedings, April 1-26, 1684. 81 

Then was read the peticcon of Joseph Tilly prisoner & Original 
Refferred to A ffull house, for further Consideraccon. Journal. 

The "i-and The House Resolve into a grand Committee, and 
Committee Adjourne into The Councill: Where were p r sent of 

meet. ^q ypper llOUSe 

Coll Courcey ] Coll Lowe ") Coll Taylor ~) 

Coll Taylor \ Coll Diggs \ M r Secry Darnall [ [Coll°] Pye J- 

Coll Darnall J May Sewall J Coll Burgess ) 

M r Richard Hall and M r William Richardson members of 
this house [are] denyed Entrance into the Vpper house by the 
Doorkeeper Except the would Putt of their hatts, Wherevpon 
arose some dispute between the Two houses, The Upper 
house pressing to proceed vpon the business of the grand 
Committee, the Lower house Answere they cannot, without 
their members, w ch were kept Out. At last the vpp r house 
give Order for the members, to be Admitted, for this time, 
because the more weighty affaires now Before them should 
not be delayed But to bee noe Rule for the future. 

The sayd members were lett in and The grand Committee 
proceed 

Then was read The Address to his Lopp and the whole p- 27 
matter as then penned Agreed On and Consented to. 

Then M r Carvile Read the Schedule (to bee Annexed to 
the Address) To the Grand Committee of both houses, Which 
being done 

The Comittee Adjourne To the house 

M r Speaker reassumes the Chaire 

Whereas there are Two Acts of Assembly made 
Lower house both in the yeares 1649 & 50: One of them Entitled 
about 2 an Act against Rayseing of money w th out the Con- 

sent of the Assembly, And the Other Intitled [An 
Act] Concerning Leavying of warr within this province. 

Voted That the sayd Two Acts be debated in the Grand 
Committee, And the bill presented to the vpper house at the 
Ridge made to Explayne the said Two Acts be insisted on: 

The house resolve Into a grand Committee And Adjourne 
to the Councill Chamber, where were p r sent as before. 

The Committee of both houses proceed To Debate vpon 
severall Acts. 

Irnpr 5 An Act Toutching judicature: Agreed That a new 
bill be drawne to Conteyne the sence of the sayd Act, And 
One Other Act Entitled An Act for proceedings at law, made 
An 1664: and p r sented to his Lopp: 

2 dIy An Act for punnishment of Certayne Offences ag c the 
peace & safety of this province read and Debated. And 
Agreed That a new bill now read bee presented to his Lopp 
for his Assent, and the former Repealed. 



82 Assembly Proceedings, April 1-26, 1684. 

Original 3 d1 :' An Act phibitting the Transportaccon & Sale of his 
jouma . L^ppg Ordnance &c was Read. And therevpon Agreed 
That a New bill now Read, Repealing the former be presented 
to his Lop for his Assent. 

4 thly An Act for Takeing an Oath of ffidelity &c Agreed 
That A Saveing of our Alleigeance To our Soveraigne Lord 
the King: be Added to the Oath. 

5 lhly An Act ag [ Rayseing of money w th in this pvince 
w th out the Consent of Assembly &: 

An Act Concerning Leavying warr within this province, 
both w ch lawes are de[sired to be] Taken into Consideraccon 
by this Grand Committee. > "_ 

6 thly An Act Toutching hoggs and markeing Cattle, agreed 
to bee repealed 1681 

ythiy ^ n j^ ct Concerning Deserted plantaccons, Desired 
by the Lower house to bee mended. To which The vpper 
house Answere that if the Lower house can find any way to 
Assertayne his Lopps Rent to him they will Concurr with 
them therein. 

8 thly An Act for Recording the Journall of the Lower 
house, Read and therevpon agreed that a new bill bee drawne 
leaveing out the word Adjournment. 

The Committee Adjournes to the house 

M r Speaker Reassumes The Chaire 

The house Adjourne Till To morrow morning 7 a Clock. 

P . 28 Fryday Aprill the 18 th 1684 

The house mett and Called all present as Yesterday Except 
M r William Richardsone, who being sick has leave to goe 
home. 

Then was read what was done Yesterday. 
. r , , The house resolve into a grand Committee, And 

1 he grand a o ' 

Comittee Adjourne into the Councill Chamber: where were 
ffuTther p r sent the vpper house as Yesterday, 
proceedings Then was read a Bill Entitled An Act Toutching 
therein. Leavying of warr and Defraying the publique 
Charge of this province, And the vpper houses Assent 
thereto, and that the sayd bill, may be presented to his Lopp 
with [both houses] for his Lopps Assent to the same, w cb bill 
Conteynes the sence of Two Other Acts One Entitled An Act 
for Leavying of warr w th in this pvnce and the Other An Act 
concerning Rayseing money w th in this province w th out the 
Consent of an Assembly, and repeales the same. 

It was therevpon Put to the Vote, by the members of the ! 
upper house in Committee whether the said bill shall pass as 
it is Yea or Nay 



Assembly Proceedings, April 1-26, 1684. 83 

Past in the Negative ; Original 

Yet the Upper house say that if the Act for support of his J° nraal - 
Lopp. And the Act of Gratitude, may be Considered Together 
with the same, and putt into fitt termes, That then the said 
three bills may bee presented to his Lopp together, To w ch the 
Lower house did not agree. Then was read An Act Impow- 
ering the Governour and Councill to make warr and peace, 
w th out the bounds of this province made Anno 1666: and vpon 
debate appeared to be perpetuated in An 1676: & Repealed 
in Anno 1678: But vpon the whole, it was Agreed by both 
houses to bee fallen of it: selfe and ought not to stand in the 
new booke of Lawes. 

An Act for killing of wolves. Read and agreed that a new 
bill be drawne, and made a Temporary Law. 

An Act for Limmitting- of Officers fees read. And Agreed 
by both houses That the Act be amended, and the fee now 
Taken by the [Secretaryes] for pattents Regulated. 

An Act for County Clerkes fees, Read, And agreed that 
the sd Act be Entered in the booke amongst the perpetuall 
Lawes. 

A supplementary Act to the Act for Officers fees, Read & 
Agreed To be entered amongst the perpetuall Lawes. 

The Committee Adjourne To the house. 

M r Speaker Reassumes the Chaire. 

Then was read in this house the proceedings of The grand 
Committee of yesterday and to day. 

M r Secry Darnall brings a paper from the vpper house which 
being read is as ffolloweth viz' 

Upper house Aprill 18 th 1684 p- 2 9 

* „,„„„„„ Moved by a member of this house th' the Land 

j\ message J 

and Votes Given by William Berry to the Inhabitants of Battle 
house re P - P6r Towne in Calvert County in Consideraccon th' the 
lateing to same should be Constituted a towne will (by the 
Townes. _^ ct Q £ -p rac i e past the last meeting of this sessions) 
revert to the Donor the Consideraccon being taken away, 
vnless remedyed by a supplementary Act 

Voted th 1 the sd place is a Convenient scituation for a 
Towne or Port of Trade, and desire the Lower house will 
make a provision Accordingly in the said supplementary Act 
it being the [humble] request of all the Inhabitants there and 
diverse others in [that County] the Courthouse being thereon 
built at the great Charge of the [County]. 

Voted alsoe that a towne be Appoynted, Either at the land 
Called Mount Calvert, or Muscleshell banck (both convenient 
scituations for Trade) as the Commisioners in the said Act of 



84 Assembly Proceedings, April 1-26, 1684. 

Original Trade nominated shall direct, to be alsoe Considered in the 
supplementary Act 

The Lower house is alsoe desired to pervse & Consider the 
severall petitios herewith sent them. 

Signd *p Ord r John LLewellin CI &c. 

M r ffrizby and Maj r Long sent to the Upper house with the 
following message viz' 

Lower house of Assembly Aprill the 18 th 1684: 
a committee The Upper house is Desired by this house to 
desired by Nominate some members of their house, to Toyne 

[[].- lower 

house to in Committee with some of the members of this 
pfect bills, house to draw vp such bills and make such amend- 
ments as were agreed vpon by both houses in the grand 
Committee 

Signd p Ord r C Boteler Clk of the lower &c 

The members returne and say they have delivered the same 
Edward Pye Esq r brings a message from the vpp r house 
w ch being read is as followeth (viz 1 ) 

Upper house Aprill 18 th 1684 
Members The hono ble Coil William Stevens & M r Secry 

house Norn- 1 Darnall nominated & appoynted by this [house to] 
inated. Joyne in Committee with some of the members of 

the Lower house, to perfect the bills and amendments agreed 
On by both houses & will be ready to meet To morrow morn- 
ing Eight a Clocke 

Signd "p Ord r John LLewellin CI of Assembly 

In Answere wherevnto was Drawn the ffollowing message 
(viz 1 ) 

Lower house of Assembly Aprill the 18 th 1684: 

M r Burford M r Rousby Cap' Orsborne & Cap' 
ofUie Lower Hill Nominated & appoynted by this house To 
house nom- Joyne in Committee w th the members of the vpper 
house Nominated to perfect the bills and Amend- 
ments agreed on by the members of both houses in a grand 
Committee and will meet at Eight of the Clock to morrow 
morning as is Desired 

Signd p Ord r C Boteler CI of the Lower house &c. 

p. 30 w ch being read is sent to the vpper house by Cap 1 Smith 
and M r Leonard Green. 

Coll Burgess brings a message from the Upp r house w ' 
read is as followeth (viz') 



Assembly Proceedings, April 1-26, 1684. 85 

Upper house Aprill the 18 th 1684 original 

Message about 'l\\\s house Takeing into their Consideraccon JouniaL 

repaireing , . _=>.,.. r .„ , 

the Scare trie ruinous btate & Condition 01 tne State house 

house. altogether vnfitt for the Reception and Enter- 

teynm : of Assemblyes provinciall Courts & Other publique 
meetings for w ch the same was designed and Calling to mind 
what a vast sum of Tobacco hath been Expended thereon 
Desire the Lower house to Consider of some speedy repaires 
thereof to be offered to [this House] for their ready concur- 
rence therein. 

Signd p Ord r John LLewellin CI: &c. 

Cap c Smith & M r Green Returne and say they cannot deliver 
their message because the vpper house is Adjourned. 

Then this house proceed to Consider the peticcons men- 
tioned in the message by M r Secry Darnall. 
Somersett And vpon Reading the peticon of the Inhabitants 
County of Somersett County for a Towne at the Sea Side, 
peticon Ordered th E a towne be appoynted between the goe- 
ing into Selbyes bay & Cornelivs Innis his land at Assategue 
bay At the Discretion of the Commissioners: but, 

Voted That the Towne at Barrows landing not to be 
removed nor altered. 

Zaccaia ^he peticcon of the Inhabitants of Zacaijah Swamp 
Swamp in S c Maryes County: was read, & Voted that there be 
peticon. a towne at Westwood Manno 7 as by this peticcon is 
Desired 

Vpon Cosideraccon of the peticcon of the Inhabitants of 
Xangemy Creeke in Charles County. Voted that a Towne be 
Layd out at the mouth of Nangemy Creeke at or nere Lewis 
his neck as is desired by the peticcon: 

All the sayd peticcons refferred to the Committee for draw- 
ing the Supplementary Act To the Act for Trade. 

The house Adjourne till To morrow morning 8 ^a Clock] 



Satterday Aprill the 19 th 1684 

The house mett, and Called, all p r sent as Yesterday 

Then was read what was done Yesterday: 

The Committee for drawing vp the bills and Amendm" 
agreed on by the Grand Committee of both houses, goe vpon 
their Charge. 

Then was Taken Into further Consideraccon of this house, 
the peticcons brought Yesterday by M r Secry Darnall. 

The peticon of the Inhabitants of Mannokin River in Som- 
ersett County about a towne Read and Rejected. 



P- 3 1 



86 Assembly Proceedings, April 1-26, 1684. 

Original The petition of the Inhabitants of sommersett County about 
linnen and woolen Cloth read and Rejected. 
Townes Vpon Motion of the Delegates for Caecill County, 

Added and A Towne is Ordered to be layd out, Att Meeting 
mofion V f P ° n nouse poynt in Sassafrass river in the sd County. 
severaii Vpon motion of the delegates of S' Maryes 

members. County Voted that a Towne be sett forth at Brit- 
tons Neck in S' Maryes County. 

Vpon motion of the Delegate of Dorchester County Voted 
that a Towne be appoynted att Daniell Jones's Plantaccon On 
the South Side of great Choptanck River. 

Vpon motion of the delegates of Ann Arrundell County 
Vo[ted that there] bee a towne at west River vpon the Land 
late of John Heilin Deceased and the lands Adjacent. 

Vpon motion of the Delegates of Calvert County Voted 
that there be A Towne at Coxes Creeke on the lands Adja- 
cent, Instead of the Towne appoynted In the Act for Trade, 
To bee At John Bowlings land. 

Voted alsoe that there bee A Towne Appoynted At Pigg 
poynt vpon Mount Calvert Manno r In puttuxent River. 

Alsoe a Towne Voted to bee, Att Battle Creeke in Puttux- 
ent River. 

Vpon motion of the Delegate of Baltemore County, Voted 
that there bee a Towne Appoynted in Baltemore County Att 
Middle River on the lands of Cornwallis or Leakins, or both 
at the Discretion of the Commission" 

The committee M ' Robert Carvill M r Clem 1 Hill and M r Richard 
for the Sup- Hall being Appoynted A Committee for drawing 
piementary vp tne supplementary Act To the Act for Advance- 

Arf orir 4 nut - «■ * J 

ment of Trade, Are Ordered to report to the vpper 
house the Addiccons & Alteracons of Townes aforesd & soe to 
proceed vpon their Charge. 

Then was Ordered the following message 

Lower house of Assembly Aprill the 19 th 1684 
a message Vpon pervsall of the deposition of William 

in Answere Blanckinsteine sent to this house from the vpper 
skion about house, Affirming the Inability of Jacob Young to 
Jacob Young. Tra[vell] to this Assembly This house doe Concurr 
with the vpper house In Addmitting the said deposition in 
excuse of the sd Jacob to save him and his baile for Not 
Appeareing at this meeting of Assembly 

Signd p Ord r C Boteler CI of the Lower &c. 

Which being read And signd was sent to the vpper house 
by M r Hatton and Maj r Joseph Weekes. 

They returne and say they have delivered the same. 



Assembly Proceedings, April 1-26, 1684. §7 

The Committees being all out vpon theire Severall busi- Original 
nesses And this house haveing noe Other business then Journal. 

The House Adjourne Till Munday morning Eight a Clock. 

Munday Aprill the 21 th 1684: 

The house mett and Called all present as On Satterday p- v- 

Then was read what was done On Satterday 

The Committee for drawing vp the Supplementary Act to 
the Act for Advancement of Trade goe vpon their Charge. 
The bin Then was read a bill Entitled An Act Assertayn- 

for Asser- { n g the True force and Validity of the Lawes of 
laweT read this province past and to be past in The Absence 
the first time: Q f the Right hono ble The Lord and proprietary and 
his heires and Successors Lords and Prp rys of this province: 
The first time. 

The [Committee] Come Into the house, And the Com- 
mittee for drawing vp the Supplementary Act and Other bills 
p r sent to the house Three bills Entitled as followeth: 
3 bills An Act Toutching Leavying of warr & defraying 

inttTfhe tne publique Charge of this province. w ch was read 

house: i:e: the first time. 

Toutching A n Act Against Excessive vsury which was read 

leavying ..... ° J 

warr &c the first time. 

An Act for Rayseing a supply for his Lopps 
and for Rayse- Extraordinary Occasions w ch was read the first 

ing a Supply time. 

feand re°a^ A bill Entitled An Act Toutching leavying 

the first f warr & c Read the second time by speciall 

Order of the house and past to Ingrossment. 

A bill Entitled an Act against Excessive vsury, read the 
second time by speciall Order of the house and past to 
Ingrossment. 

Debated by the house whether the bill for Rayseing a 
supply &c: shall be Expedited Towards its passage, by a 
second reading in this house This day: 

The debate referred. 

M r Secry Sewall & Esq r Pye bring a message from the 
vpper house which being read is as followeth (viz') 

Aprill 2i lh 1684 
About Trans- ^ t ^ ie Committee of both houses appoynted 

mitting the to -pfect the Lawes & Amendm ts agreed on by the 

orth^'comtee grand Committee have Transmitted to the Lower 
& house any of their proceedings. The lower 

Day of Sessions. h ouse ; s desired [to Comm]unicate the same to 
this house, for their Consideraccon soe soon as may be, his 



88 Assembly Proceedings, April 1-26, 1684. 

Original Lopp haveing- signifyed to this house that Thursday next will 

Journal, u uT J f C ■ 

be the day 01 Sessions. 

Signd p Ord r John LLewellin Cll &c: 

They alsoe bring with them the ffollowing bills and -papers. 
An Act A Bill Entitled An Act Toutching Judicature & 

SSSS5 Pceedings at Law. 

&c: A bill Entitled and An Act for Naturalizaccon of 

«rzi NatU " Peter Bayard Arnoldus De la Grange, Peter Sluy- 
Peter Bayard ter, & Jasper Dancres. 
Arnoldus y\ bill Entituled An Act for Naturalizaccon of 

Delagrange T , _ , 

Peter siuif Jacob Seth. 

jasper Dan- j\_ bill Entituled A Act for Naturalizaccon of 

CTGS TtlCOD ■ 

Seth&Nich- Nicholas Verbraach Every of w ch sayd bills were 
olas Ver- p aS j- fa e v pp r house & subscribed w th 

brach brought 1 ™, j t r- r a mi ,h /- o 

p. 33 in Assented too. 1 hese words Viz* April the 21 th 1684 

The vpper house have Assented: 

Signd p Ord r John LLewellin CI &c. 

Every of w ch sd Acts were read in this house the first time 

Three peticcons about Townes, were alsoe returned to this 
house by the same messengers, w ch were severally Indorsed 
as foil 

Vpon the peticcon of the Inhabitants of Sommersett 
County. 

This house doe Concurr w lh the above Vote of the Lower 
house. 

Apr" 21 th 1684: 

Signd *p Ord 1 ' John LLewellin CI: of Assembly. 

Upper house Apr" 21 th 1684: 
This house Concurr with the Lower house as above 

Signd p Ord John LLewellin CI of Assembly. 

Vpon the peticcon of the Inhabitants of Nangemy Creeke 
Ap" 21 th 1684: Vpper house Concurr with the Above vote 
Signd p Ord r John LLewellin CI of Assembly 

Then was drawne the following message. 

Lower house of Assembly Aprill the 21 th 1684 
Answere In Answere to the message this Day received 

to the last from the vpper house by Majo r Sewall and Edward Pye 
from^he Esq r this house doe say that they haveing Especiall 
vppr house matter to debate, did in Order Therevnto send for 
the Committee Appoynted to Joyne with the Committee 
of the vpper house to pfect the Lawes and Amendm ts agreed 
On by the grand Committee, And this house have sent them 



Assembly Proceedings, April 1-26, 1684. 89 

Out againe to meet the members of the vpper house to pro- Original 
ceed to the perfecting what matters lye before them, and to J ournaL 
report the same to this house, w ch done this house shall Com- 
municate the same and their results therevpon To the vpper 
house: 

Signd -p Ord r C Boteler CI of the Lower house &c. 

Which being read and signd was sent to the vpp r house by 
M r Hutchings & Maj r Long: who return and say they have 
delivered the same. 

Then Came Coll Steevens w th a message w ch being read is 
as foil (viz') 

Upper house Aprill the 21: 1684 
a message Moved by a member of this house in behalfe of' 
Towneat the Inhabitants of Sommersett County, more parti- 
Tipquin. cularly of Nantecoke River, That a Towne be 
Appoynted at or neer Tipquin on the south side of the sd 
River It being a most Convenient Scituation for a towne or 
place of Trade, & most frequented by shipping of any River 
in the sd County. 

Voted necessary and that provision be made accordingly In 
the supplementary Act to the Act for Trade 

Signd "p Ord r John LLewellin CI of Assembly 

Coll Burgess brings a message for the vpper house which 
being Read is as ffolloweth. 

Upper house Aprill 21 th 1684 p- 34 

a message Proposed by a member of this house, That a 
Towne at Towne be appoyned at the head of Porttobacco 
portobacco. Creeke most Commodious for the Inhabitants of the 
fforrest in Charles County from whence Comes yearly great 
quantityes of Tobacco. Voted necessary & that a towne be 
by the supplementary Act to the Act for Trade Appoynted at 
the head of Portobacco Creeke nere the Church there. 

Signd p Ord r John LLewellin CI of Assembly 

Edward Pye Esq r Comes from the vpp r house w th sevr 
papers w ch being read are as foil (Viz £ ) 

Owen Newens The [peticcon] of Owen Newen of Charles 
P ctt County: for Allowance for Officiating as a Pub- 

lique Post: and Conveying Letters, by his Lopps Order; 

Vpon w ch was Endeorsed as followeth 

Upper house Aprill 21 th 1684: 
The vpp r house thinke th c the peticoner ought to have 



90 Assembly Proceedings, April 1-26, 1684. 

Original some Allowance made him as shall be Thought reasonable by 

Journa. fofa houses 

Signd p Ord r John LLewellin CI of Assembly 

j.no Lewei- The peticon of John LLewellin for Allowance for 
his Attendance at the Ridge the last meeting of 
Assembly And officiating as Clerke Assistante to M r Grunwin, 
And alsoe for Adjusting the and makeing out the Publique 
Leavy Into the severall Countyes of this province, pvt pet: 
Upon w ch was Endeorsed, as foil (viz') 

Upper house Aprill the 21 th 1684 
This house thinke fitt that a reasonable Allowance be made 
the peticoner as is prayed In the next publique Leavie and 
desire therevnto the Concurrence of the Lower house. 

Signd *p Ord r John LLewellin CI of Assembly 

The peticon of Thomas Casey of Charles County being a 
maimed Souldier for Allowance Towards his Meintenance 
pvtt pett 

Upon which was Endeorsed as fol (viz 1 ) 

This house doe thinke the peticoner an Object of Charity, 
And that hee ought to bee allowed his yearly pention and 
Arreares as is [prayed] 

Signd p Ord r John LLewellin CI of Assembly 

Vpon debate of Two messages sent this day to this house, 
about Townes was drawne the ffollowing message (Viz 1 ) 

Lower house of Assembly Aprill the 21 th 1684 
This house Concurr with the vpper in their Two Votes this 
day sent That a Towne be Appoynted at or nere Tipquinn on 
the South side of Nantecoak River, As alsoe at the head of 
portobacco Creeke, And This house desire to knowe If the 
vpper house doe Consent to the severall votes & places agreed 
On by this house, and mentioned in a list sent To the vpp r 
house On Satterday last. 

Signd p Ord r C Boteler CI of the Lower house &c. 

p. 35 Which being read and signed was sent to the vpp r house 
by Cap' Smith and and M r Hatton. 

Concurrence M r Secry Darnall brings a message from the 
to the places vpp r house w ch being read is as followeth viz' 

for Townes. 

Upper house Aprill 21 th 1684 
This house doe Concurr in all poynts w th the Lower house 
in their message On Satterday last relateing to Townes, 
according to their severall votes therein mentioned 

Signd p Ord r C Boteler John LLewellin CI &c. 



Assembly Proceedings, April 1-26, 1684. 91 

The Commit- Then Came the Committee for perfecting and Original 
ing the bills Amending the Lawes &c And present to this house J° urnal - 

Present sev- tne following bills (viz') 

ers.ll bills 

w ch were A Bill Entitled An Act Toutching Judicature & 

read the first proceedings [thereon]. 

A Bill Entitled An Act ffor punnishment of Cer- 
tayne Offences against the peace and Safety of this province. 

A Bill Entitled An Act prohibitting his Lops Ordnance 
Armes &c To be Imbezelled &c. 

A Bill Entitled An Act for the Recording the Journall of 
the Low r house. 

A Bill Entitled An Act for Killing of wolves. 

A Bill Entitle an Act for Appoynting Court dayes in each 
respective County. 

A Bill Entitled An Act for Takeing the Oath of fidelity &c 
The Oath of ffidelity: 

Every of w ch Bills received its first reading in this house 
Towards its passing. 

Taneyspe- Then was read the peticcon of Michaell Taney, 
tition. f or a Towne in Battle Creeke vpon his land ; And 

that the same may be soe Layd out as to reserve his houses 
thereon built to himselfe: Wherevpon was Endeorsed as fol- 
loweth. 

Upper house Aprill the 21 th 1684: 
message \ n a ^ Cases suitable to the peticoners, This house 

are of Opinion & Doe Vote That a Clause be 
Inserted in the supplementary Act, of Trade reserveing to 
Every persone his house or houses alreadie built vpon any the 
ports or places of Trade in the sayd Act Nominated: 

Signd p Ord r John LLewellin CI of Assembly 

The sayd peticcon refferred to the Consideraccon of A ffull 
house 

The house Adjourne till tomorrow morning Eight a Clock: 

Tuesday Aprill the 22 th 1684 

The house mett and Called all present as yesterday. 

Then was read what was done yesterday. 
Taney pet The peticcon of Michaell Taney Read Debated 
Rejected: an d rejected. 

Then was read A Bill Entitled An Act for punnishment of 
Certayne offences against the peace and safety of this prov- 
ince, The second time and alsoe the Third time by Speciall 
Order of the house. 

Voted that a Clause of repeale of a former Act of the same p . 36 



92 Assembly Proceedings, April 1-26, 1684. 

wSf title ' bee Added To the sayd bill ; being done, The sayd bill 
' past in these words (viz') 

Aprill the 22 th 1684: The Lower house have Assented: 
Signd -p Ord r C Boteler CI of the Low r house of Assembly 

Divers ^ Bill Entitled An Act prohibiting the Imbezel- 

Biiu Read ling his Lopps Ordnance Armes Ammunition &c 
& Debated. was reac j ^ seconc [ Time and alsoe the Third time 

by speciall ord r of the house, Put to the question whether the 
sayd Act shall as it is: 

Voted to be Amended According to a bill p r sented last 
meeting 

A Bill Entitled An Act for recording the Journall of the 
Lower house, Read the 2 d time [and alsoe] the Third time by 
speciall Order of the house, & past in these words viz' 

Aprill the 22 th 1684: The Lower house have Assented: 
Signd p Ord r C Boteler CI of the Lower house &c. 

A Bill Entitled An Act for killing of woolves read the second 
time, And alsoe the Third time by Speciall Order of the house, 
and past, in the same words as the former. 

A Bill Entitled an Act Appoynting Court dayes in each 
respective County Court w th in this province, read the 2 d time 
and alsoe the Third time by Speciall Order of the house, and 
past in the same words as the former. 

A Bill Entitled An Act Ascertayneing the true force and 
validity of the lawes of This province &c. read the second 
time as alsoe the 3 d time by speciall order of the house, and 
Past in the same words as the former. 

A bill Entitled an Act against Excessive vsury Read The 
Third time, and past in the same words as the former. 

A Bill Entitled An Act for Takeing the oath of ffidelity to 
the Lord prpr y &c and the Oath of ffidelity, read the second 
time, And Rejected, The Old Law standing in force 

An Act Toutching Judicature and proceedings at law, Read 
the second time and past to Ingrossment. 

A Bill Entitled an Act for Rayseing a Supply for his Lop 
Extraordinary Occasions, Read the 2 d time & Voted a Third 
reading 

The vpper houses Bill Toutching Judicature and proceed- 
ings at law Read the Third time and Referred To further 
Debate 

Bins past M r Burford M r Rousby and M r Brooke sent to the 
this house Upper house w th all the bills past the house this day 
to the vppf being six in number and Entitu'led as followeth: 
house. : A n Act for punnishment of Certayne offences 

ag l the peace &c. 



Assembly Proceedings, April 1-26, 1684. 93 

2 An Act for Recording the Journal! of the Lower house. Original 

3 An Act for Killing of wolves. JournaK 

4 An Act Appoynting Court dayes in every respective 
County &c. 

5 An Act Ascertayneing the true force & validity of the 
Lawes &c 

6: An Act against Excessive vsury. 
other bills Then was read an Act Toutching Judicature and p- 37 
past. proceedings at law The Third time, and past the 

house in these words (viz') 

Aprill the 22 th 1684: The Lower house have Assented 
Signd -p Ord r C Boteler CI: of the Low r house &c: 

A Bill Entitled An Act Toutching Leavying of warr & defray- 
ing the Publique Charges &c was read the Third time, and 
past the house in the same words as the former. 

Then was drawne the following message (viz') 

Lower house of Assembly Aprill the 22 th 1684 
a message This house haveing by a message of the 14 th 

aboutaComt« Instant desire[d the UJpper house to appoynt 
o Accompts. some f their members, to Joyne in Committee 
w th some of the members of this house to state the publique 
Acco" of this pvince w ch not being then done for reasones 
given by the vpper house in their answere to the sayd mes- 
sage This house doe remind the vpp r house Thereof And 
desire th' some members of the vpper house may be 
appoynted to Joyne with some of the members of this house, 
to the purpose before desired. 

Signd -p Ord r C Boteler CI of the low r house &c. 

Cap' Smith Doct r Brooke Cap' Peirce & M r ffrizby sent to 
the Vpp r house w th the the Two foregoeing bills, and the 
Last message. 

They returne and say they have delivered the same. 

Upon Debate of a bill sent from the vpp r house to this 
house Entitled An Act Toutching Judicature & was drawne 
the following message. 

Lower house of Assembly Aprill the 22 th 1684 

This house haveing received from the members 
the Two bfiis of their house Joyned in Committee w th the Hono ble 
Toutching (2 \\ Stevans and John Darnall Esq r A bill drawne 
Toutching Judicature and proceedings at law, w ch 
this house Conceived was done According to agreement of 
the Grand Committee, and therefore past the same for the 
vpper houses Assent therevnto, And therefore say they 



94 Assembly Proceedings, April 1-26, 1684. 



Original Cannot [Assent] to the bill sent from the Upper 
ma. that purpose, In regard th[at B]ill Leaves Two mi 



house for 
much to dis- 
cretion, which was the Inconvenience designed to bee pre- 
vented. 

Signd -p Ord r C Boteler CI of the Lower House &c. 

Cap' Orsborne and M r Green sent to the vpper house w th 
the foregoing message. They returne & say they have Deliv- 
ered the same. 

Coll Burgess & Maj r Sewall brings from the vp r house 
Three bills (Viz') 

Three bills An Act for Appoynting Court dayes in Each 

Assented.too. respective County &c. 

An Act for recording the Journall of the Lower house &c 
and 

An Act ag' Excessive vsury: which sayd Three bills were 
Severally Assented too by the vpper house In these words 
ffollowing (Viz') 
p. 38 Aprill the 22 th 1684: The Upp r house have Assented 
Signd p Ord r John LLewellin CI of assembly 

The sayd Messengers alsoe bring the following message 
viz' 

Upper House Aprill 22 th 1684 
a message Upon reading the severall bills brought to this 
To the six house this day by M r Attor Gen 11 M r John Rousby 
biIls - and Doctour Brooke This house have passed 

That for Appoyntment of Court dayes in each respective 
County. 

That for recording the Journall of the Lower house, and 
That Ag' Excessive Usury 

B[ut to the] Other Three bills returne Answere as follow- 
eth (viz') 

Concerning the bill Ascertayning the true force and Validity 
of the lawes of this province, This house doe say th' Three 
yeares time being given for tryall and Experience of the Tem- 
porary lawes, wee Cannot in reasone ppose less time to his 
Lopp. to Consider of what perpetuall lawes, shall bee p r sented 
to him, To signify his approbation or disassent thereto, And 
w th this Amendm' Onely, this house will pass the said Bill. 

As to the bill for killing of wolves, This house doe say th' 
the Act for killing of woolves made Anno 1671: Although 
Temporary was perpetuated in Anno 1676: & as such ought 
to remaine, among the perpetuall lawes vnless the same be 
deemed a needless or useless law, and then it ought to bee 
repealed before such time as it Cann be Reduced to its former 
Temporary Estate. 

And as to the Other bill for punnishment of Certayne 



Assembly Proceedings, April 1-26, 1684. 95 

offences &c a This house doe say th' the Act made, An° 1649 Original 
& 50: is sufficiently 81 well enough exprest and doe Conceive J ournaL 
th 1 the maine end and designe of both houses in the grand 
Committee, in the amendment of the same, was onely to Take 
off the severity of the punnishnV of delinquents therein pre- 
scribed, Leaving to the discretion of the Justices, to Inflict 
any One or more of the severall punnishments therein numer- 
ated, w ch this house is willing [may] be Moderated by award- 
ing one of the sayd punnishments & noe more At one time, to 
be Inflicted vpon any delinquent att the discretion of the sayd 
Justices and as the Demirritts of the cause shall require, And 
desire the Low r house will provide accordingly by a Supple- 
mentary Act to pass this Sessions. 

And herevnto desire the Concurrence of the Lower house. 
Signd -p Ord r John LLewellin CI: of Assembly 

The sayd messengers alsoe bring into this house, the 3 bills 
in the above message mentioned not Assented too by the vpp r 
house. 

Coll Stevens brings a message from the Vpp r house w ch 
being read: follo w 

Upper house of Assembly Aprill the 22 th 1684. 

The Lower house is Desired to Expedite to this 
giveing notice house whatt bills & Other Business, they have p- 39 
that his before them this Night, His Lop: now in the vpp r 

meet both house haveing Signifyed to this house his resolu- 
his houses ^[ on f meeting both houses tomorrow morning to 

to morrow. ,. . , °. f .. , . . ° , 

discourse with them lully his sentiments vpon the 
severall bills prepared in Order to put a speedy end to this 
sessions. 

Signd -p Ord r John LLewellin CI of Assembly 

The Supple- The Committee for drawing the supplementary 
Act, read Act Come into the house & p r sent A bill Entitled 
the first A supplementary Act to the Act for Advancement 
of Trade which was read the ffirst time. 
Coll Diggs brings a message from the vpper house w ch 
being read is as follows. 

Upp r house Aprill 22 th 1684: 
a commtee The Hono ble Coll William Diggs & Coll William 
appoynted* Burgess nominated & appoynted by this house to 
by the vppr joyne in Committee w th some of the members of the 
Lower house to Inspect and state the publique 
Acco ts to morrow morning Seven a Clock. 

Signd -p Ord r John LLewellin CI of Assembly. 

In Answere wherevnto was Drawne the following message. 



96 Assembly Proceedings, April 1-26, 1684. 

Original Lower house of Assembly Aprill the 22 th 1684. 

journal. ^^ ^^ T\i\s house have appoynted Cap' Smith, M r 

by the Lower Clem' Hill, and M r James ffrizby to Joyne in Com- 
house mittee with the hono ble Coll William Diggs & Coll 

Burges, by the Vpper house Appoynted, to settle, state, and 
Inspect the publique Acco ts of This province, and shall be 
readie to meet at seven a Clock to morrow morning as 
Desired. 

Signd -p Ord r C Boteler CI of the Lower house &c. 

w ch message being read and signd was sent to the Vpper 
house by maj r Long and M r francis Hutchings. 

Upon Consideraccon of The message this day sent from 
the vpp r house by Coll Stevens, was .Drawne the following, 
Answere theretoo. 

Lower house of Assembly Aprill the 22 th 1684 
Answere All bills which have been assented to by this 

to the message house are already Transmitted to the vpper house. 
pedkteing * There being Other bills which have had their first 
of busines. reading in this house and soe soone as perfected 
shall bee presented to the Upper house for their Assent: 

Signd p Ord r C Boteler CI of the low r house &c 

Which message being read and signed was sent to the vpp r 
house by Cap' Orsborne and M r ffrisby. 

order for Ordered Thatt M r Attourney Generall and M r 

a message John Rousbye drawe vpp a message in Answere to 
to be drawne. ^ messa g e f t h e vpp r house This Day sent, by 

Coll William Burgess and M r Secry Sewall with The Six bills 
and p'sent the same to this house by seven a Clock To mor- 
row morning 

The House Adjourne Till To morrow morning Seven a 
Clock 

p- 4° Wedensday Aprill the 23 th 1684 

The house mett and Called all p'sent as Yesterday 

Then was read what was done yesterday 

Then Cap' Orsborne Gave Account to the house, th' The 
vpp r house was Adjournd soe th' he could not deliver the 
message sent by him and M r ffrizby last Night: 

Ordered that the sd Cap' Orsborne & M r Green goe againe 
w th the same. 

They returne and say they have delivered it. 
a bin Then was read a bill Entitled An Act Impower- 

impowering m g the Burgesses to press men Boates &c. for 
to P res S g boat their more Speed & Convenient Coming to ffuture 
and hands &c: Assemblyes 



Assembly Proceedings, April 1-26, 1684. 97 

[Then Came] M r Clemment Hill from the Comm tee of Original 
Acco ts And desires to have a Coppy of [the] Rates and prizes J° urnal - 
of liquors settled by this meeting of Assembly. 
George Robins w ° h ' s Given to him he alsoe desires the Opin- 
pet. Allowed ion of this house Concerning A peticcon of 
12001b Tobacco. George Robbins, who prayes Allowance for a 
boat and hands and himselfe vpon a publique message to his 
Lopp. 

Voted he be Allowed 1 200 pounds of Tobacco, 

Hee alsoe prayes the Opinion of this house Con- 

J 3.CQ6S 15611" ■ ■ _ _ f -r T-x * 

sonespett cerning a peticcon 01 James Bensone, who prayes 
Allowed Allowance for Cureing an Indian by Ord r of Coll 

iooolbTob: T , , S J 

Lloyd. 
Voted he be Allowed One Thousand pounds of Tobacco. 
W ch being Endeorsed vpon the peticcons he returnes. 
Then Came M r Attourney Genr 11 & M r Rousby & p r sentthe 
foil paper (viz') 

Low r house of Assembly Apr 11 the 23 th 1684 

In Answere to the message yesterday brought by 
Concerning Coll Burgess & Maj r Sewall Concerning severall 
severaii bills sent by this house for their Assent. 

As to the bill Ascertayning the true force and 
Validity of the Lawes of this pvince wherein the vpp r house 
were pleased to say, they could not in reasone -ppose less 
time, then Three yeares for his Lop. to Consider of his appro- 
bation or disassent To such perpetuall Lawes as should be 
presented to his Lopp: 

This house is not a little surprized therein in regard the bill 
Tendered by this house for the Assent of the Vpp r house, is 
but a meer Transcript of the like bill sent from the vpper 
house for this houses Assent, Thereto: To w ch this house had 
noe reasone to doubt of the vpper houses readyness to pass 
the same Especially for that the sayd vpper house of 
Assembly, by a message [of] the 17 th of September 1681: 
were pleased to acquaint this house, that his Lopp Com- 
manded the vpper house To signify to this house That his 
Lop did -pmise and Ingage that in his absence out of this 
province, w th in Eighteen months after the passing of any 
Lawes of this province, by the Vpp r & Low r houses of 
Assembly, his Lop would signify his Assent or dissassent 
Therevnto In Confidence whereof this house was Induced, 
freely to Offer the said Bill, for the Vnquestionable Assent of 
the vpp r house, since more time in the sd bill was offered for 
his Lops Assent or dissassent then in the sayd message was 
Intimated to be his L opps pleasure. 



98 Assembly Proceedings, April 1-26, 1684. 

Original And as to the bill for punnishment of Certayne offences &c 
p D 4i This house doe agree that the maine end and designe of both 
houses in the grand Com tee was to take Off the severity of 
Inflicting many and severall punnishments for One Offence 
and still hope that the bill Humbly Offered by this house to 
the vpper house will answere that end being perswaded that 
there is noe Alteraccon between the Act now offered and the 
former, but in that particular, And were this house sencible of 
any materiall deviation from what was agreed on they would 
very readily Amend. 

As to the Act for killing of woolves, This house Caused 
that bill to be drawn & past this house, pursuant to the 
Agreem' of the Grand Committee of both houses. 

Which paper being Read, Ordered that the same be Tran- 
scribed [and signed by the] Clerke of this house, which being 
done, the same was sent to the vpper house by Cap' Hill and 
M r Hutchings; 

The messengers returne and say they have delivered the 
same. 

The supple- Then was read a bill Entitled An Aditionall and 
mentary act supplementary Act to the Act for Advancement of 

read the 2d ,., rr , . J T 

time. irade and past to Ingrossment. 

The bill Then was read an Act Impowering the Bur- 

impowerin gesses to press Boats men &c The second time, 
to pre'ss 5 !/ f by speciall Order of the house, and reffered to 
read the 2d ffurther debate. 

Then Came Coll Taylor and Coll Stevens from 
the vpp r house and p r sents the ffol paper w ch being read 
Imports as followeth 

Gentlemen of the vpper house of Assembly 

I have Thought fitt to signify to you by this, th c 
deciaracon haveing seen in yo r house some bills lately sent you 
to the vpper by th e Lower house, in w ch there are some alteraccons 
desired by the lower house to be made, in some of 
the Auncient perpetuall Lawes of this province, I must for the 
quicker dispatch of the business of this Assembly (I haveing 
but few dayes more to spend with both houses) Declare that 
many of those Alteraccons, Inserted in the sayd bills, are such 
as I shall not be willing to Allow off; And because I would 
have noe bills presented vnto me by this Assembly, the Day 
of the sessions, But such as I may safely & be willing to sett 
my hand unto, I Doe now declare whatt alteraccons I will 
Allowe of, and to w ch I will be ready to sett my hand, when 
the bills are presented, Desireing that what I now declare by 
this may not be drawn Into Example, and become presidential! 



Assembly Proceedings, April 1-26, 1684. 99 

in future Assemblyes for my doeing this (as I have said afore) Original 
is Onely to put a Speedy end to this meeting, which my Other J° urnal - 
affaires fforcess mee too. 

ffirst: As to the Alteraccon desired to be made in the Act 
Toutching Judicature It is not safe to have Justice Adminis- 
tred, According to the Lawes of England where the lawes of 
this province Are silent, without due regard had by the Gov- 
erno r or Cheife Judge and the Justices in Court to the Con- 
sistency of such Lawes of England, to the Constitution and 
p r sent Condiccon of this province, It seeming to me vnreason- 
able, That since his Majesty of ever blessed memory, out of p- 42 
the fullness of his Royall power, was Graciously pleased to 
permitt mee with the Consent of the freemen to make such 
wholsesome Lawes as should be Consonant to reasone and 
not repugnant to the Lawes of England, I should by an Act 
Oblige and tye vp the freemen of this province to be Con- 
cluded by such of the Lawes of England, as may Ruin them 
or att least be greatly Injurious to them In severall respects, I 
am therefore willing to Admitt of this Alteraccon, That where 
the Lawes of this -pvince are silent Justice may be Admistred, 
According to the Lawes of England If the govern 1 or Cheife 
Judge and the Justices of my Court, shall find [such] Lawes 
Consistent with the Condiccon of this province; To a bill w th 
this Alteraccon I will sett my hand, but not Otherwise. 

Secondly: The Alterations desired in the bill, for punnish- 
ing Certaine Offences against the peace and safety of this 
province, I doe Except ag l being willing to Allow of this 
amendment Onely, That where it is left to the Court to Order 
One or more of the punnishments, Ennumerated in the Old 
Act for punnishing et c that the Court shall be restreyned to 
One or two of the sayd Punnishments in the sayd Act: With 
this amendment and noe Other Alteraccon, I shall be Con- 
tented, and will sett my hand to a bill to be drawne for That 
purpose Onely, and not Otherwise. 

Thirdly: To a bill Toutching leavying of warr & defraying 
the publique Charges of the province ; Sent vp to you from 
the Lower house, I Conceive it time lost for you to meddle 
with it, for the Old Act is at this time suspended And will be 
soe perhaps Dureing my life, Soe that neither the Gentlemen 
of the Lower house nor your selves, need be fearfull or 
Jealouse of me in the Execution of that Act, But were it not 
suspended, and -that I should vpon any warr that might hap- 
pen, have Occasion to make vsse of it, I Doe here declare 
that as I have had, soe I still shall have A desire that a 
Assembly may be Called, To be present at the defraying the 
Charge of any such warr, soe desirous I am of giveing all 
manner of sattisfaccon in that particular to the freemen of my 
province. 



ioo Assembly Proceedings, April 1-26, 1684. 

Original Upp r house Apnll the 23 th 1684 

Journal. 

This house haveing this morning reed, a paper from his 
L opp have Caused the same to be Coppyed out as before, and 
Communicate the same To the Lower House. 

Signd p Ord r John LLewellin CI of Assembly 

M r Scry Sewall & Esq r Pye, bring from the vpper house a 
message, w ch being read is as followeth, (viz 1 ) 

Upper house of Assembly Aprill the 23 th 1684 

His Ldsps ^ s L sp being present in this house since the receit 

further of the last message by Cap ta Hill & M r Hutchings, 

Declaration. was pleased to declare as followeth (Viz ( ) 

p. 43 To the bill for Ascertayning the true force and validity of 
the Lawes of this province, I give this Answere, that though I 
owne my promise & Engagement to both my houses, of 
Assembly, made in September 1681 (Viz') That in my absence 
out of this province, I would signify my assent or disassent to 
any of the Lawes within Eighteen months, yet Doe I not 
think it Convenient to Obleige myheires and successors by an 
Act to those Inconveniencyes & mischeifes, That may happen 
by their Assenting or disassenting to Any Lawes within 
Twenty months That shall bee made perpetuall Dureing such 
their Absence. 

The bill sent you by the Lower house, for the makeing tem- 
porary that law Toutching Woolves, If it be not deemed a 
good law let it be Repealed for soe it must be afore it Can be 
reduced to its first state. And for any of those Other Acts 
made perpetuall in 1676: Viz') The Act for Two shillings per 
hh d And the Act for Impowering the Governo r & Councill, to 
make warr or peace &c a I am ready to give both houses such 
satisfaccon, as in reason They cann desire At my hands. 

Signd -p Ord r John LLewellin CI &c. 

The last All the Committees sent for to repaire to the 

Two messages , , , . .— ^i tt i 

Debated house, who being Come the iwo last messages 

And were Read in a full House, And after a long and 

Vote therevpon r< ■ t-v 1 -_i 

Serious Debate vpon the same, 

The Question was Putt whether this house shall proceed 
further vpon the Address to his Lopp Toutching the Lawes 
Yea or Nay. 

Voted in the Negative. 

The house Adjourne Till To morrow morning seven a 
Clock. 



Assembly Proceedings, April 1-26, 1684. 101 

Thursday Aprill the 24 th 1684 Original 

Journal. 

The house mett and Called, all p r sent as yesterday 

Then was read what was done yesterday. 

Then was Debated the bill Impowering the Burgesses to 
press men boates &c: And rejected. 
Naturalize- A bill for Naturalizeing Jacob Seth read the 

ing bills read, second time. 

A bill for Naturalizeing Nicholas Verbraach. Read the 
second time & Referred to a full house. 

A Bill for Naturalizeing Peter Bayard & Others read the 
second time. 

The Committee for drawing vp the Supplement- 
piementary ary Act To the Act for Trade present the sayd bill 
Act past this ff a i r ly Ingrossed: which being read the Third time 

house f " 

past The house in These words: (viz 1 ) 

Aprill the 24 th 1684 
The lower house have Assented 

Signd p Ord r C Boteler CI of the low r house &c 

M r Hutchings and Majo r Weekes sent to the vpp r house 
w th the sayd Bill. 

Concerning Then was read A Bill Entitled An Act for revive- p- 44 
the Bin of ing the Temporary lawes of This province The first 

reviver. t j me 

Putt to the question whether the members of This house in 
the severall Committees shall be sent for to debate the sayd 
Law, 

Voted in the Affirmative 

The Committees sent for by a messenger, and Come Into 
the house. 

Then was read the Act for reviveing the Temporary lawes 
the second time by Speciall Order of the house: And the 
Question being putt whether the Act for killing of woolves 
shall stand in the bill of reviver [of the] Temporary Lawes as 
it is now drawne Yea or Nay: 

Voted In the Affirmative. 

Wherevpon the sayd Bill for reviveing the Temporary 
Lawes was read the Third time by speciall order of the house 
and past this house in These words (Viz 1 ) 

Aprill the 24 th 1684 
The Lower house have assented : 

Signd -p Ord r C Boteler CI &c 

The sayd bill then sent to the vpp r house by Cap' Smith & 
M r Hatton. 



102 Assembly Proceedings, April 1-26, 1684. 

Original They returne and say they have delivered the same, 
journal. ^^^^ The bill for Naturalizeing Jacob. Seth: read the 

con bills 3 d time by speciall ord r of the house and past in 

Read and past. t h eS e Words (Viz 1 ) 

Aprill the 24 th 1684 
The Low r house have Assented. 

Signd "p Ord r C Boteler CI of the Low r house &c 

The bill for Naturalizeing Nicholas Verbraach: read the 3 d 
time by Speciall Ord r and past this house in the same words 
as the former. 

The Bill for Naturalizeing, Peter Bayard, and Others. Read 
the Third time by speciall Ord r of the house, And past in the 
same words as the former; 

Then was drawne the following message (viz 1 ) 

Lower house of Assembly Aprill the 24 th 1684 
Concerning Vpon reading the severall Bills of Naturaliza- 

a fee to Mr tion of the severall persones therein named, This 

5 D " 2. K C I • 

vpon private house hath Considered, that there hath been 
Acts and an vsually payd To the Speaker of the house of 

Augmentation ^ yl < T -,. , i „ .. .. r 

to the cierkes Commons in Lngland a Considerable fee vpon 
fee - The passing any private Act, This house haveing 

seriously debated the same, Resolved 

That all persons that shall be naturalized, This present ses- 
sions of assembly, Doe respectively pay vnto the speaker of 
this house The sum of Twelve hundred pounds of Tobacco 
for the fees of their Naturalizaccon, And that the like fee be 
pd to the Speaker of the Lower house for the future, And 
That the Cierkes fee of the Lower house be Three hundred 
pounds of Tobacco for Every Naturalizaccon & noe more And 
this house desires the Concurrence of the vpp r house herein. 
Signd "p Ord r C Boteler Ck of the Lower house &c 

p ' 4S Coil Stevens Then Came Coll Stevens from the vpper house 

prayes an and sayes he has Order to Informe this house, 

Amendment j^at there was Notice given of a mistake in the 

01 the bupple- £> 

mentary Act for Advancement of Trade, Concerning a 

Act ' port towne or place of Trade in Wighcocomoco 

River in summesett County, which place in the sayd Act is 
mentioned to be vpon the land next above the land of the 
Orphanes of Charles Ballard whereas the same should have 
been mentioned to be vpon a parcell of land Called Lotts 
wife or the land w ch was formerly William Writes, w ch mis- 
take is not Amended in the Supplementary Act, to the great 



Assembly Proceedings, April 1-26, 1684. 103 

Inconvenience of the Inhabitants of the sayd River, Therefore Original 
desire the same may be mended Journal. 

He alsoe bringeth the sayd Supplementary Assented too In 
these [words] (viz 1 ) 

Aprillthe 24 th 1684: 
The vpp r house have Assented: 

Signd p Ord r John LLewellin CI of Assembly 

Coll Stevens alsoe brought a message at the same time 
which being read ffoll (viz 1 ) 

Upper house Aprill 24 th 1684: 
a message The Additionall and supplementary Act, to the 

for the bills , A * J 

of Naturaiiza- Act for Trade hath passed this house, and is now 
con - sent Back to the Lower house who are desired to 

returne to this house, The severall Bills before them for Natu- 
ralizaccons w th their Assent Thereto: 

Signd p Ord r John LLewellin CI of Assembly 

Then was M r Burford M r Carvile and M r Rouseby sent to 
the Vpper house w th the Three bills for Naturalizaccons and 
the message, about a fee to the Speaker. 

They returne and say they have delivered the same. 

Then Came the members of this house from 
of Accts report the Committee of Acco ts & Report to this house 
their proceed- tne Allowances by them made, w ch being Rattifyed 
by this house, The sayd members are Ordered to 
prepare a bill for payment of the Publique Charges, soe farr as 
they have proceeded in Allowances. 

Mr clement M r Clement Hill a member of this house, desires 
Hill prayes to bee Allowed, for a horse by him lost from S' 

Allowance , r T , , r 

for a horse Maryes 1 wo yeares agoe, when he was in service of 

lost by him. his County as a delegate thereof. 

vote therevppon. Voted That M r Hill ought to be payd for the 

said horse, And by S' Maryes County for w ch he was & is a 

Delegate. 

Then Came Coll Darnall from the vpper house and brings 
w th him the Act of Reviver of the Temporary Lawes, and the 
following message (viz') 

Vpper house Aprill the 24 th 1684 

Concerning Vppon reading- the bill for reviveing the Tem- 

thebiiiof rr T r §ru- ■ .l- u J 

reviver of porary Lawes of 1 his province this house doe say, 

the Temporary that the words (Soe farr as the Court shall fudge 

T -5 WPS V , J ^ 

them not inconsistent w th the Condiccon of this 
province w oh is not to stand revived) relateing to the Act Con- 



104 Assembly Proceedings, April 1-26, 1684. 

Original cerning pceedings at Law Ought to be raced out of the sayd 

journa. ^^ ^ nc j ^g A^ f or Killing of woolves is a perpetuall Law, 

p. 46 soe made Anno 1676: And Cannot properly be brought into 

A Bill of Reviver Butt if both houses shall Deem the sd Act 

vnnecessary or of noe vse the same ought to be repealed. 

This to bee Considered and Accordingly provided for by the 
Lower house in the Reviveing Act before this house can think 
of passing the same soe absolutely Contrary to the result of 
his Lord sp vpon sound Reasones given to this house and 
Communicated to the Lower house in a message from hence 
yesterday. 

The Lower house is desired to have their Assent to the 
Bill for Naturalizacon [of Ja]cob Seth (Imperfectly sent vp to 
this house) now plainly Expressed & [returne]d to this house: 
Signd p Ord r John LLewellin CI of Assembly 

Ordered That The Assent of this house To the bill for 
Naturalizeing Jacob Seth be made [pljaynely Expressed w ch 
was done. 

ffurther debate vpon the Act for killing of woolves, referred 
till tomorrow. 

M r Secry Darnall from the vpper house brings the following 
message (viz 1 ) 

Upper house Aprill 24 th 1684 
. His L opp haveing- referred the day of Session 

A message o " J 

Concerning (appoynted to be this day) vntill Satterday next, 
a day of This house have determined to heare the Erro rs here 

session and 

hearing depending Argued before Them some time to mor- 
Errors. row ^ jj ^ L ower house Can Conveniently spare 

their members therein Concerned as Attorneyes On Either side 
to which this house desire an Answere. 

Signd p Ord r John LLewellin CI of Assembly 

Answer there- i n Answere to the Last message from the vpper 
house by M r Secry Darnall Concerning a day of 
sessions and the Argueing erro r M r Carvile and M r Burford 
were sent to the vpper house to Acquaint them that this 
house, hath much business before them And vnderstanding 
that the Clerke of this house is Concerned as An Attourney 
in some of the Cases To be Tryed, doe signify that if this 
house can spare their Clerke from the vrgent business of this 
house Towards The Afternoon Tomorrow The vpper house 
shall receive further [notice] thereof ffrom this house. 
The house Adjourne till Tomorrow morning 7 a Clock 



Assembly Proceedings, April 1-26, 1684. 105 

Fryday Aprill the 25 th 1684: Original 

Journal. 

The house mett and Called, all present as yesterday: 

Then was read what was done yesterday 

Vpon ffurther debate concerning the Act for 
ceming the killing of woolves Voted by this house, That the 
, A .^. for , Act made for killing- of wolves in Anno 167 1 be 

killing woolves , c r . . «? . ... , . ' 

left out 01 the reviveing bill, because it appeares 
to this house that the sayd Act being made Temporary is 
Expired, & Cannot properly take force againe without a new 
bill drawne and past both houses w th his L° ps Assent. 

Then was read a bill Entitled an Act for reviveing p- 47 
vpon the the Temporary Lawes of this province The Act for 
*" n . proceedings at lawe & the Act for killing of woolves 

K.eviver. . o 

being left out of the sayd bill. 

Putt to the question whether the sd Bill of Revivall shall 
pass the sayd Two Acts being left out as aforesd. 

Past in the Affirmative 

Cap' Hill and Cap' Peerce sent to the vpper house with the 
sd Bill of revivall & the Bill for Naturalizeing Jacob Seth. 

They returne and say they have delivered the same. 
Th s ^ r Carvile then sent to the vpper house, w th the 

mentaTyact Supplementary Act to [the Act for] Advancement 
amended and of Trade, And Ordered to Notice to the vpp r house 
that [the said] bill is mended by drawing over the 
Two first sheets and Incerting the [words] Therein as was 
desired by the verball message by Coll Stevens. 

He returnes and sayes he hath delivered the same, at that, 
the vpp r house 

That as soe soone as they have perused the bills they will 
returne them. 

Lower house of Assembly Aprill the 25 th 1684 

The members of this house that are Attourneyes 
neys spared" in the Tryalls vpon writts of Erro r in the vpper 
to the hearing house, have now the leave of this house, to Attend 
the same as was desired by the vpp r houses mes- 
sage yesterday. 

Signd *p r Order C Boteler CI of the Lower house &c. 

w ch message being read and Signd was sent the vpp r house 
by M r Burford. 

The house Adjournes Till Three A Clock afternoon 
The house mett and called all p r sent as before 

The Committee of Acco ts proceed to report to this 

the P Com- house their further Allowances, since yesterday: w ch 

mittee of are approved of by this house, And Ordered to bee 

Added to the bill for payment of the publique Charge. 



106 Assembly Proceedings, April 1-26, 1684. 

Original Severall Majo r Sewall and Edward Pye Esqr bring from 

journal. bills re ^ house The ffollowing bills, Assented Too 

to by the vpper by the vpper house, (viz') An Additionall & sup- 

house - , plementary Act to the Act for Advancem' of 

Trade. 

An Act for reviveing the Temporary lawes of this province 
And Three severall bill for Naturalizaccon, as alsoe a mes- 
sage which being read is as followeth (viz') 

Upper house Aprill the 25 th 1684 
a message The necessary repaires of the State house 

about repaires i i i i • i i/— • i — 

of the state recommended by this house to the Lonsideraccon 
house - of the Lower house, This house desires may be 

Expedited and sent vp to this house for their Concurrence. 
Signd -p Ord r John LLewellin CI of Assembly 

The debate therevpon Referred To the Consideraccon of a 
full house. 

The house Adjourne Till To morrow morning seven a 
Clock. 

p-48 Satterday Aprill the 26 th 1684 

The house mett and Called all p r sent as Yesterday. 

Then was read what was Done Yesterday. 
Mr Ennaiis Proposed by a member of this house, that the 
absence Case of M r Bartholomew Ennalls A member of this 
Considered house for Dorchester County, being absent from 
this house ; this [whole] meeting be taken Into Consider- 
accon, Wherevpon Doctour Jn° Brooke the [other] Delegate 
for the sayd County, In Excuse of the sayd M r Ennalls sayth 
that, A few [dayes] before the meeting of this 
gives reasone Assembly, some servants of M r Ennalls had 
f °h- h r, S Absence Robbed the [sayd] master of divers goods to a 
Considerable vallue, and had alsoe Taken away 
[his Shallope] and runn away with the shallop and goods to 
Virginea, and that M 1 [Ennalls] in pursute of them, But w th 
resolution to returne time enough to [give] Due Attendance, 
vpon this house, But since he is not come he sayth he [fears 
at present] that some Extraordinary Accident hath happened 
to him, and [hopes] he may be Excused. Voted that the 
Excuse made by docto r Brooke [in the] behalfe of M r Ennalls 
is not be not Admitted: [And] it is therevpon further 

Admitted. Voted: That the sd M r Bartholomew Ennalls [be 
Mr Ennaiis fined] Tenn pounds Sterling: vnless the said M r 
Censured. Ennalls, Doe make such lawfull excuse To the lower 
house of the next Assembly for his absence this meeting, As 
by the sayd Lower house of Assembly shall bee Admitted 
And Entered vpon their Jpurnall In discharge of the sayd fine 



Assembly Proceedings, April 1-26, 1684. 107 

Coll Diggs from the vpper house, Acquaints this house, Original 
that if this house have prepared all the Publique business, His J° urnal - 
L opp is ready to Conclude this sessions. He alsoe delivers a 
message which being read is as ffolloweth: 



Uppr house of Assembly, Aprill the 26 th 1684 

The Publique Leavy of this province haveing 
stateing been vsually stated by the Clerke of this house, by 

the publique order and Appoyntment of his L opp wherein great 

leavv desired. ^ • 1 t i i.ii i -r-i • 

Care paines and Labour hath been vsed, Ihis 
house vote and thinke necessary That a fee or gratuity for the 
same be settled vpon the said Clerke or that the lower house 
would now in future Assemblyes see the same Ellected before 
the adjournment prorogation or dissolution of such Assembly 
Signd -p Ord r John LLewellin CI of Assembly 

The bin for Then was read a bill Entitled An Act for pay- 

off publique ment of the publique Charges of this province, The 
charges past: fast, second and alsoe the Third time by Speciall 
Ord r of the house, And past in these words (viz') 

Aprill the 26 th 1684 The Lower house have Assented 
Signd -p Ord C Boteler CI of the lower house of Assembly 

Sent vp- wth M r Carvile and Cap c Orsborne sent to the vpp r 

Answere house w th the sayd bill, And In Answere to the 

about ™tlT^ Last message in writeing are Ordered to Acquaint 
for the vpp r house That there is vsually vpon Every 

the Leavy Leavy, a Considerable sum of Tobacco as a 

fraccon remayning, w ch this house is Content, should be payd 
to M r LLewellin he being Accomptable to the next Assembly P . 49 
for the same Out of which hee may bee Allowed reasonable 
satisfaction for his paynes In stateing the Leavy. 

And if no such fraccon remayne, then to bee 

Roi e es°o°f lawes Allowed by the next Assembly. M r ffrizby Sent 

and joumaiis t the vpp r house w th the bookes and Roles of 

lawes, And alsoe the Journalls, w ch have been vsed 

in the Lower house this Assembly. 

Then Came M r Secry Darnall And desired the proceedings 
of the Committee of Accounts may be Transmitted to the 
vpper house, as alsoe the Oath of fidelity drawn [up by the] 
Committee of both houses. 

Cap 1 Hill and M r Brooke sent with the same to the vpper house. 
Order to Ordered that the Clerke of this house Transcribe 

Transcribe the Journall of the Gr[and Committee] Into the 
oAne^Grand Journall of this house, Keepeing the due Rule and 
Comittee. Order of time in sayd Journalls, to make them 
agree in themselves, as they ought. 



108 Assembly Proceedings, April 1-26, 1684. 

Original Then Came Coll Diggs from the vpper house, and brings 
the bill of the Publique Charge Assented by the vpp r house in 
these words (viz') 

■ 

Aprill the 26 th 1684 The vpper house have Assented 

Signd p Ord r John LLewellin CI of Assembly 

He alsoe Desires this house to hasten the business of this 
Assembly To a Conclusion Wherevpon This house Goe into 
the vpper house, Where his Lopp Demands what bills have 
been prepared by both houses to w ch his Assent is desired. 
Bills pre- Therevpon M r Speaker p r sents To his L opp the fol- 
sented to lowing bills One by One reading the Titles as he 
his lopp delivers them w ch are as fo j]. ( yiz t) 

1. An Aditionall and Supplementary Act to the Act for 
Advancem' of Trade 

2. An Act for Appoynting Court dayes In each respective 
County &c 

3. An Act for recording the Journall of the Lower house of 
Assembly 

4. An Act for reviveing The Temporary Lawes of this 
province. 

5. An Act Against Excessive vsury. 

6. An Act for Naturalizeing Peter Bayard, Arnoldus De la 
Grange & Others. 

7. An Act for Naturalizeing Jacob Seth. 

8. An Act for Naturalizeing Nicholas Verbraach and 

9. An Act for payment of the Publique Charge of this 
province. 

His Lops To all which bills his L opp gave his Gracious Assent 
Assent. } n these words ffollowing viz' Wee will These To be 
lawes C Baltemore 

And Commanded the great Seale of this province to bee 
Therevnto affixed w ch was Done by the hono bIe The keepers 
In the p r sence of both houses, And Subscribed In these words 
(viz') Aprill the 26 th 1684 

Published vnder the great Seale 

Henry Darnall \ K 
W m Diggs ( rveep 

p. 50 Then his L opp As directing himselfe to both houses of 
Assembly, sayth That Whereas severall Disputes have Arisen 
concerning the validity of those Acts of Assembly made and 
Assented to by his Leiv' Genr" Thomas Notley Esq r [in the 
yeare] 1678: for preventing whereof for the future, He now 
signifyeth [his Disa]ssent to all such of the sayd Lawes, as he 
hath not before this time Disassented too. 



Assembly Proceedings, April 1-26, 1684. 109 

His Lopp alsoe giveth Command to his Secretaryes, that Original 
they Carefully [keep all] the Originall lawes of this province J° urnal - 
from all persones whatsoever [that they] may bee in noe 
danger of being any wayes Endammaged Torne 
bezelled 

sayth that whereas severall Disputes have Arrisen 
And [different constructions made of those words (more 
or less) In his L opps and his Lopps grants or pattents 

for land, mentioned, 

His Lopp now declares, That his ffather the Right Hono ble 
Caecillius &c [of noble] memory, never meant any Other 
quantity or thing thereby Tenn Acres in the hundred, 

And that with Intention to save the [errors] of such persones 
as were Commissionated to survey lands in this province, who 
though the best that could be found, yet were not soe good 
Artists as to survey and sett forth lands between his Lopp & 
the good people of this province without the Allowance 
aforesd, And his L d sp now declares that his meaning and 
Intention by the same words, is the same as is aforesd, And 
that for the surplussage of Tenn p Cent as aforesd nocpsone 
shall be any wayes Troubled or molested, But may Injoy the 
same by the sayd words in their sayd Grants, but not any 
Greater quantity whatsoever. 

His Lopp ffurther declares That at the next meet of 
Assembly he expects all the members thereof shall Take the 
Oath of mdelity 

Then his L opp prorogued the Assembly Till the first Tues- 
day In Aprill w ch shall bee in the yeare of our Lord 1685. 

And soe Ended Thiss Sessions of Assembly vpon The 
Twenty sixth day of Aprill in the Ninth yeare of The dominion 
of The Right Hono ble Charles Absolute Lord and proprietary 
of the provinces of Maryland and Avalon Lord Baron of Bal- 
temore &c Over his sayd province of Maryland Annoq Dni 
One Thousand six hundred Eighty and ffour 

C Boteler ) CI of the Lower 

j House of Assembly 

Charles Absolute Lord and proprieta r of the provinces of Lib. w. h. 
Maryland & Avalon Lord Baron of Baltemore &c. To the p " 2s8 
Sherriffe of Ann Arundle County Greeting: By the Advice 
and Consent of our vpper and Lower houses of Assembly: 
Held att the City of S c Maries the first day of Aprill: one thou- 
sand six hundred eighty foure: Weehaue ordained & Enacted 
Certain Lawes: (Viz 1 ) 



iio Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. An Act for payment and Assessinge the publique 

Charges of this Province 

Whereas there hath been Two hundred and fiue Thousand 
nine hundred and eleven pounds of Tobacco Expended layd 
out and disbursed by the vpper & lower houses of this p r sent 
Generall Assembly and by severall others the Good people of 
this province for the publique Good of the same. And to the 
intent that the same may be Sactisfied & paid to those psons 
to whome the same is Due: 

Be it therefore Enacted by the Right Hono ble the Lord Prop 1 * 
by & w th the Advice and Consent of the vpper and Lower 
* houses of this p r sent Generall Assembly & the Authority of 
the same That the said Two hundred and fiue thousand nine 
hundred & eleven pounds of Tobacco be paid in Manner And 
forme As is hereafter Expressed: (that is to say) to Thomas 
Casey sixteen hundred pounds of Tobacco: To John LLewel- 
lin two Thousand pounds of Tobacco: To James Benson one 
thousand pounds of Tobacco To George Robins twelue Hun- 
dred pounds of Tobacco: To John Larkin fiue and Twentie 
hundred pounds of Tobacco To George Burges: Two Thou- 
sand aad forty pounds of Tobacco: To Marke Cordea Twenty 
Thousand seven hundred sixty four pounds of Tobacco: To 
p. 259 Willm Taylor sixteen hundred pounds of Tobacco To Garret 
Vansweringen fififty one thousand two hundred seventy fiue 
pounds of Tobacco To John Baker Thirty thousand Three 
hundred and twelue pounds of Tobacco, To ffrancis Luther 
eight hundred & forty pounds of Tobacco To Coll 11 Phelemon 
Lloyd Twelue hundred pounds of Tobacco: To John Edmon- 
son foure hundred pounds of Tobacco, To Henry Exon Three 
Thousand four hundred Eighty one pounds of Tobacco: To 
John Saxon Three Thousand Eight hundred pounds of 
Tobacco: To John Lewellin six Thousand pounds of Tobacco 
To Charles Butler six thousand pounds of Tobacco To 
Thomas Bland Three Thousand fiue hundred pounds of 
Tobacco: To James Cullen Three Thousand fiue hundred 
pounds of Tobacco To Anthony Vnderwood Three Thousand 
fiue hundred pounds of Tobacco: To John Blomfeild Three 
Thousand fiue hundred pounds of Tobacco: To Joseph 
Norwood Eight hundred pounds of Tobacco: To Thomas 
Burford Two Thousand fiue hundred pounds of Tobacco: To 
Francis Hutchins Two Thousand fiue hundred pounds of 
Tobacco To Richard Hall Two Thousand fiue hundred pounds 
of Tobacco: To William Richardson Two Thousand fiue hun- 
dred pounds of Tobacco To Philip Linnes Twenty fiue Thou- 
sand fiue hundred twenty foure pounds of Tobacco To Garret 
Vansweringen Eight Thousand seventy eight pounds of 



Assembly Proceedi?igs, April 1-26, 1684. 11 1 

Tobacco To Henry Exon foure hundred ninty fiue pounds of Lib. w. h. 
Tobaccoe: To Marke Cordea Three Thousand Three hundred 
forty eight pounds of Tobaccoe To Philip Lynes Two Thou- 
sand Three hundred Thirty eight pounds of Tobacco: To 
Alexander Kemmont four hundred pounds of Tobacco: To 
John Baker foure Thousand nine hundred & sixteen pounds 
of Tobacco: And to the severall sherriffes of this province for 
theire Sallery for Collecting the same The sume of twenty 
thousand fiue hundred Ninteen pounds of Tobacco: And be 
it further Enacted by the Advice Consent and Authority 
Aforesaid that the Aforesaid summe of Tobacco Amounting 
in the whole to the sume of two hundred Twenty six Thou- 
sand fiue Hundred & Two pounds of Tobacco: Be Levyed and 
Assessed by An Equall Assessment vpon the -psons & estates 
of the Inhabitants of this province And be paid to the severall 
persons to whome the same is Due: Accordinge to the 
Accompts & Disbursments & Nessasary Charges of this Prov- 
ince which haue Been Examined Stated & Allowed by the 
vpper & Lower houses of this present Generall Assembly: 
Any Law Statute or Vsage To the Contrary hereof in Any- 
wise Notwithstandinge 



An Additionall 81 Supplementary Act to the Act for 
Advancement of Trade 

Whereas An Act was Lately Made Att the first Meeting of 
this present sessions of Assembly begun the second day of p- z6 ° 
October in the yeare of our Lord one Thousand six hundred 
eighty Three Att the Ridge in Ann Arundle County: Entituled 
An Act for Advancement of Trade. It Was Amongst other 
things therein Contayned Enacted That from and After the 
last day of August in the yeare of o r Lord one thousand six 
hundred Eighty fiue The Towns ports and places: in the said 
Act Mentioned should be the ports and places where All 
shipps & Vessells Trading into this province shall vnloade & 
put on shore sell and barter & Traffique Away all Goods wares 
And Commodities That shall be imported into this province 
And likewise That All Tobaccoes Goods Wares & Merchan- 
dizes of the Growth production or Manufacture of this prov- 
ince intended to be sold here or Transported out of this prov- 
ince shall be for that end and intent Brought to the said ports 
And places. And whereas severall of the Inhabitants in 
severall of the Counties within this province haue humbly 
supplycated his Lordpp: And the Two houses of this p r sent 
Generall Assembly ffor More And other Towns ports And 
places for the Ease and benefitt of the Inhabitants aforesd: & 



H2 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. Conveniency of Trade: for satisfaction Thereffore of the 
Desires of the Good people of this province 

Be it Enacted: by the Right Hon ble the Lord Prop 17 by and 
with the Advice and Consent of the vpper 81 Lower houses of 
this p r sent Generall Assembly and the Authority thereof That 
the Townes ports & places hereafter Mentioned be Added to 
the fformer Townes ports And places in the said Recited Act 
Named to bee ports And places Equally with the said other 
Towns ports And places in the said Act Mentioned where all 
Shipps And Vessells Trading into this province shall vnloade 
& put on shoare & sell barter & Traffique Away all Goods 
Wares and Commodities That shall be imported into this 
province. 

And likewise where all Tobaccoes Goods Wares & Mer- 
chandizes of the Growth production and Manufacture of this 
province Intended to be sold here or Transported out of this 
province shall be for th' end & intent brought to the said 
ports and places (That is to say) In the County of S' Maries: 
Att Brittons neck between Britton bay and S c Clements bay 
and at westwood on the land of M r Thomas Gerard Att the 
head of wickacomaca River in S' Maries County Afores d And 
p- 26 < in the County of Ann Arundle Att West River Vpon the land 
of John Hillen deaceased and the land Therevnto adjacent 
And in the County of Colvert att Colvert Towne in Bade 
Creeke And Att pigg Pointe vpon Mount Colverte mannor in 
Patuxent River And in Charles County Att the head of Porta- 
bacco Creeke neare the Church There And att the Mouth of 
Nanjemy Creek Att or neare Lewisses Neck. And in Baltemore 
County att Middle River on the land of Cornwallis or Leakins 
or both att the discretion of the Comissioners for the same 
County in the said Act named And in Summersett County att 
or neare Tipquin on the south side of Nanticoke River and at 
Sume Convenient place Between the Going into Selbyes bay 
& Cornelius Jones his land in Assateague bay on the Seabord 
side at the Discretion of the Comissioners for the said County 
in the said Act Named, And in Dorchester County Att Daniell 
Joansis plantation on the south side of Great Choptancke: 
And in Csecill County Att the plantation Called John West in 
sassafrix River. And whereas the Towne Appointed by the 
said Act for the said County of Colvert to bee Att John 
Bowlings land in purtuxent River Aforesaid is Adjudged to 
be inconvenient for the Inhabitants there And that Coxes 
Creek in the s d River of purtuxent is A better and more Com- 
modious place for Trade And Shipping and nothing having 
hitherto been Acted or done pursuiant to the said Act 
Towards the laying out the said Towne att John Bowlings 



Assembly Proceedings, April 1-26, 1684. 113 

land Appointed as Afores d Bee it therefore Enacted by the Lib. w. h. 
Authority Aforesaid: That there bee A Towne Appointed Att 
the said Coxes Creeke or the land Adjacent in the stead and 
place of John Bowlings land and that the said John Bowlings 
land be discharged from being A Town port or place of Trade 
as Aforesaid Any thing in the said Act to the Contrary Not- 
withstanding: and whereas Alsoe A Mistake hath happened 
in the said Act in the Nomination of the place for the Towne 
And port in Wicocomaca River in Summersett County by put- 
ing in the word next laying next Aboue the land of the orphans 
of Charles Ballards Which hath Raised sume Disspute: Being 
thereby to streightly tyed to the place which is inconvenient 
for the Inhabitants soe that nothing As yett hath been Affected 
or Done Thereabouts for the Better explanation whereof and 
the True Assertaining the place of Trade for the said River of 
Wicocomoco: Bee it hereby declared And Enacted that the 
towne porte or place for the River afores d be att or neare A 
parcell of land in the said River Called Lotts wife on the land 
w ch was formerly William Wrights land Any thing in the said p- 262 
Act to the Contrary notwithstanding: And whereas it was in 
and by The said Act Mentioned And enacted That the Com- 
missioners in the said Act Named for eatch Respectiue 
County within this province or the Major part of them who 
Are thereby Impowered sumetime before the hue & Twentieth 
day of March Then Next ffollowing and now past to meet 
together vpon the Respectiue Lands And places in the Act 
before Mentioned or Att sume other Convenient place Neare 
Thereabout And should then And There Treat And Agree 
w th the Owners and all persons Interested in the said Land: 
And buy And purchase of the owners And persons Interested 
in the s d lands, one hundred Acres of the s d Lands in the Dis- 
cresion of the s d Comissioners Least -pjudicial To the owners: 
And after purchase Thereof should Cause the same to be sur- 
veyed & after the survey soe made of the said one hundred 
Acres of land should cause the same to be Marked staked out 
and Devided into Convenient Streetes & lands in such 
Manner as in the said Act is More -pticulerly sett forth: And 
whereas severall Douts and dissputes haue been Arisen Touch- 
ing the words (the said Comissio r5 or the Major part of th m ) 
whether A less number then Thirteen of the said Comissioners 
of eatch Respectiue County Aforesaid had power to Treat with 
the owners of the lands and to Alott Lay out and survey the 
one hundred Acres of land for the severall Townes ports And 
places afores d Notwithstanding itt was in and by the said Act 
Intended th c the s d Comissioners in eatch Respectiue County 
w th in this province or Any hue of them should Execute the 



ii4 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. Authority in the s d Act prescribed by pretext whereof & the 
Great difficulty of 'Getting so Great A number of the Cofnis- 
sioners together by Reason of their Remotenesse of habitation 
the shortness of time And want of survey" And other Impedi- 
ments the execution of the s d Act hath been Much Retarded 
Many of the s d Towns ports & places: As yett not purchased 
layd out or surveyed: And very few or none layd out into 
Lotts And Staked out as by the s d Act is Directed And the 
time for the doing thereof being now Elapsed soe Good and 
severall A Benefitt for the Advancement of the Trade of this 
province by the said Act intended is like to be wholly frus- 
trated. For prevention Whereof and to the Intent the said 
Act may bee put into speedy execution The Deligates And 
Deputies of this p r sent Generall Assembly Doe Humbly pray 
p- 263 that it may bee Enacted And be it Enacted By the Right 
Hono 11 the Lord Prop ry by and with the Advice & Consent 
And Authority aforesaid That forthwith after The end of this 
present sessions of Assembly the severall and Respectiue 
Sheriffes within this province shall Giue notice to the severall 
and Respectiue Comissioners of the severall & Respectiue 
Countyes in the said Act named That they and every of them 
doe Meet together at the severall and Respectiue County 
Courts within this province to bee held in the moneth of June 
next there to Agree And Consent what shall be most needfull to 
be done for the more effectuall prosecuting of the powers and 
Authoryties in and by the said Act Given them: And every 
Comissioner in the said Act named not Appearing att the day 
& place Aforesaid or not Makeing sufficient excuse by writing 
or otherwise to bee Approved of by the said Comissioners or 
the Major part of them th n present ffor such absence shall be 
fined one thousand pounds of Tobacco: to be levyed of his or 
theire Goods and Chattells And to be disposed of by the 
Comissioners Afores d of the severall Counties Aforesaid for 
and Towards the payment of labourers that Carry the Chayne 
and Getting Stakes and Assisting in the Stakeing out the 
severall Lotts in the severall Townes places & ports Afore- 
said or to such other vses & in such Manner & pportion 
Indifferently as to them shall seeme Meet Att which said 
Generall Meeting of the Comission rs of the severall Countys 
afores d shall be p r sent the severall and Respectiue Sherriffe of 
the severall Counties Afores d or their suffitient deputies; As 
Also the severall and Respectiue Deputy surveyours of the 
said severall Counties being therevnto by the Sheriffe alsoe 
sumoned as Aforesaid then And there to Receiue such further 
orders and Directions as by the s d Comissioners then present 
shall bee ordayned ; And In Case the s d Sheriffe or their 



Assembly Proceedings, April 1-26, 1684. 115 

Deputies as afores d and deputy surveyours Aforesaid shall Lib. w. h. 
neglect or Refuse then and there to Appeare accordingly: 
Then they and every of them not Appearinge Or not having 
other Lawfull excuse As Aforesaid shall be fined one thou- 
sand pounds of tobacco to be levyed As Afores d for the vses 
Afores d 

And Bee it ffurther Enacted by the Authoryty Aforesaid 
That the said Comissioners of the severall Counties aforesaid 
or soe many of them as shall be then and there p r sent at the 
said Generall Meeting hereinbefore Appointed shall and May 
& are hereby Authorized to Make such Rules and orders for 
the better performance of the Act Afores d As to them shall 
seem meet & to inforce obedience to such Rules and orders ; 
by such fines and punishments as to Them in their Discretion 
shall seem Requisitte: And to Remoue all obstracts which 
otherwise may hinder soe Good And profitable A work They p- 26 4 
the said Commissioners or soe Many of them as shall be 
present at the said Generall Meeting shall and may and are 
hereby authorized to put this p r sent Act in execution Accord- 
ing to their best Judgment and Directions & shall then if they 
see Cause Subdivide and Distribute themselues and appoint 
such and so many of the Comissioners in the said Act named 
as they shall thinke fitt being Inhabitants next or nearest 
adjoyning to Any the said Townes ports and places in the 
said Recited Act and in this present Act Mentioned to Attend 
the due execution of the said Act As May best Conduce to 
the Carrying on the publique service of The Countrey hereby 
Required And they or any fiue of them shall and may & are 
hereby Authorized Appointed & enjoyned to Appoint such 
certayn dayes and places at or neare the severall towns ports 
and places in theire severall & Respectiue divisions of the 
Counties Aforesaid as they shall think fitt and to treat with 
the owners of the s d lands not yett Agreed for surveyed or 
Layd out And to lay out one hundred Acres of land in the 
severall Towns ports and places as well in the said Recited 
Act as in this present Supplementary Act mentioned and to 
Cause the same to be surveyed & layd out into Lotts: in such 
manner & forme As by the said Recited Act is Directed and 
they are also hereby Authorized to proceed Effectually as well 
in the finishing & Compleating the purchase and survey & 
laying into lotts as well all the severall townes ports & places 
in the said Recited Act named (The Town Appointed by the 
said Act att John Bowlings land at patuxent in Colvert 
County Aforesaid onely excepted) as also the severall And 
Respectiue Towns Ports & places within this Act perticulerly 
Mentioned persuing & following in all points and circum- 



1 1 6 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. stances whatsoever (not otherwise provided Agn st in this Act) 
what by the said Recited Act is prescribed: And the takers vp 
of the Severall Lotts in the severall Towns in this Act Men- 
tioned Complying with the Rules in the said Recited Act 
Mentioned are to hold and injoy Their said severall Lotts in 
such Manner And vnder such Rent As in the said Recited 
Act is set forth: 

And be it ffurther Enacted That if the said Cofnissioners 
by the Generall Meeting Afores d appointed to Act in their 
severall Divisions Afores d or Any ot them shall neglect or 
Refuse to Appeare att the times and places to be Appointed 
in their severall Divisions Aforesaid soe As through the 
Default of them or Any of them the Matters hereby And by 
p. 265 the said Recited Act bee delayed or hindred such person for 
Refusing or neglecting to Appeare as Aforesd not having A 
Reasonable Excuse for his Absence to be Allowed by the 
Comissioners Afores d or Any fiue of them shall for every such 
default be fined two hundred pounds of Tobacco to be leavyed 
of his or their Goods And Chattells to be dissposed of by the 
Aforesaid Cofnissioners or Any fiue of them for the vses 
Aforesaid And if the severall sheriffes or theire Lawfull 
Deputies Aforesd or Any the deputy surveyo rs Afores d be 
found negligent in their Duty herein they shall be fined att 
the Discretion of the said Comissioners or Any fiue of them 
and the fines to be levyed and disposed of to the vses intents 
and purposes before in this present Act mentioned And be it 
further Enacted by the Authority Aforesaid that the severall 
sheriffes shall execute such warrants and Impannell such 
Jurys as shall by the Cofnissioners Aforesaid or Any fiue of 
them Ordered to Issue Ex officio without Any fee or Reward 
for the same And the Deputy Surveyours aforesaid are to lay 
out the said lands and lotts aforesaid and to make A True 
Draught of the Towns streets and lotts therin And diliver 
the same to the Cofnissioners to be Recorded for the fee of 
thirty pounds of tobacco -p Lott As in the said Recited Act is 
Directed at their perrill And the said Cofnission" or Any fiue 
of them Are heerby Impowered to Compell workmen Labour- 
ers And others to help to Carrey the Chayn to Cut stakes & 
Assist in the Measureing and staking out of the Ground of 
the said severall hundred Acres of Land att the towns ports 
And places in this and the said Recited Act Appointed And if 
such workmen Labourers or others Impressed or Comanded 
bv the Comissioners Aforesaid shall Refuse to Assist in the 
Work Aforesaid hee or they soe Refusing shall be fined two 
hundred pounds of tobacco to be levyed on his Goods And 
Chattells for the vses Aforesaid And if Any person Returned 



Assembly Proceedings, April 1—26, 1684. 117 

A Juror shall Att Any time heerafter Refuse or neglect to Lib. w. h. 
Appeare before the said Comissioners att the dayes And places 
afores d to be Appointed or Appearing shall Refuse to serue 
as A Jury man such person soe Refusing or Neglecting shall 
be fined hue hundred pounds of Tobacco To be leveyed as 
Afores d for the vse Aforesaid And the said Comissioners or 
Any hue of them according to their severall Divisions made 
Amongst themselues as afores d are to Appoint such and so 
many persons in their severall Counties and Divisions Afores d 
As to them shall seem Meet to Keep the bookes of theire 
proceedings in the premises And in the execution of the said 
Act And entring the Lotts as to them shall seem Meet And 
Wheras severall debates & Differences haue and May heer- 
after Arise w th in this province touching And Concerning the 
Proceedings of the said Comissioners in the severall and p- 266 
Respectiue Counties within this province: or touching and 
Conserning their power and Authority in Agreeing Bargain- 
ing purchasing surveying & laying out the severall hundred 
Acres of land At the Towns ports and places in the said 
Recited Act mentioned or About the words in the said Act 
Recited (or the Major part of them:) by Reason the same was 
Done by A lesser number then thirteen: Be it Enacted by the 
power and Authority Aforesaid that what the said Comission" 
of Any the severall and Respectiue Counties within this prov- 
ince or Any fiue of them haue (in pursuance of the said 
Recited Act) Done ordayned and Acted in the Execution of 
the said Recited Act. The same is heerby Ratified & Con- 
firmed as firme & valid in Law to All intents & purposes as if 
the same had been done ordayned And Acted by thirteen or 
A Greater Number Any thing in the said Recited Act to the 
contrary notwithstanding. And be it Enacted by the Authoryty 
Aforesaid That this and the said Recited Act shall in all things 
be A Rule Guide And Directions for the Comissioners of the 
severall Countyes Aforesaid or Any fiue of them or Any per- 
sons interested or heerafter to be interested in Any the said 
Lands and Lotts to proceed vpon in the purchasing laying 
out Dividing- and Graunting the one hundred Acres of land 
beloing to Any the Townes ports & places in this Act perti- 
culerly named and sett Down for Towns ports And places of 
Trade As Afores d And the psons taking vp lotts in the same: 
To all intents & purposes According to the true intent and 
Meaning of this And the said Recited Act, As if the same 
Townes ports And places in this Act Mentioned had been 
expressely named with the said other towns ports And places 
in the said Recited Act perticulerly sett Down And the said 
Towns Ports and places herein before Mentioned are hereby 



1 1 8 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. ordayned to haue To haue the Like And Equall benefitt of 
the said Recited Act & every Article thereof as the said other 
Townes Ports & places in the said Recited Act Appointed 
Any Law Statute or vsage to the Contrary hereof in Any wise 
Notwithstanding: 

And Whereas his Lordspp The Right Hono ble the Lord 
proprieta ry And his father of Noble Memory haue been pleased 
to Incorporate the Inhabitants of the Citty of S' Maries into A 
Comunity by the Name of A Mayor Recorder Aldermen and 
Cofnon Councell men and hath Graunted them severall privi- 
ledges & imunities by severall Charters In Confidence whereof 
p. 267 ^g sa j c j Q tr y hath been Long since Divided into Streets & 
lanes and severall the Inhabitants thereof Built vpon the same 
& had Graunts for land in the Citty Aforesaid But the said 
Recited Act having Appointed The said Citty of S' Maries To 
be A Towne porte & place of Trade as Aforesaid And soe is 
become subject to severall the Rules and ordinances in the 
said Recited Act sett Downe & prescribed And in perticuler 
to haue one hundred Acres within the said Citty layd out for 
A Towne And port aforesaid and to bee Divided into one 
hundred severall Lotts as Aforesaid which if strickly pursued 
Will Quite Alter and Destroy the whole scituation of the said 
Citty as the Same hath beene layd out and Builded vpon 
Taken vp And pattented as Afores d And will Tend to the 
very Great Damage of the severall Inhabitants thereof and 
bee the occation of severall Debates & Dissputes About the 
severall Interests of the Inhabitants & other "psons Concerned 
Therein which will not bee Easily Reconciled And the said 
Mayor Recorder Aldermen & Cofnon Councellmen of the 
said Citty having humbly be sought his Lordpp the Right 
Hon ble the Lord Proprieta r to take theire Case & Condition 
into his Serious Consideration And to order such wayes And 
Meanes As May Tend to the preservation of the severall inter- 
ests of the Inhabitants of the said Citty & Their Charter 
Aforesaid Wherevpon his Lorpp hath been Graciously pleased 
to Signifie his Good will And pleasure That his Lorpp is will- 
ing to haue each Mans property in the said Citty of S' Maries 
(as now it stands & is pattented & Built vpon as Afores d ) to 
be preserved And to Graunt soe much Land Contiguous to 
the said Citty As will make vp one hundred Lotts without 
Altering the streets Dwelling houses Markett place And other 
Lotts formerly by the Cittizens Afores d Taken vp: As Afores d 
Bee it Therfore Enacted By and with the Advice & Consent 
Aforesaid That the said scituation of the said City of S' Maries 
as it is now Inhabited Together with the said Land By his 
Lordpp to be Added And Layd out for the Compleating the 



Assembly Proceedings,' April 1-26, 1684. iig 

said one hundred Lotts may bee the port Towne or place: of Lib. w. h. 
Trade by the said Recited Act intended Att the Citty of S £ 
Maries Notwithstanding the same Doe Comprehend More 
then one hundred Acres Any Thing in the said Recited Act 
to the Contrary Notwithstanding And whereas Also there Are 
several paynes & penaltyes fines and forfeitures in the said 
Recited Act Mentioned ffor severall offences Against the said 
Act Commited which fines & forfeitures Are therby To be 
paid one third part to the Lord Proprieta ry one third part to 
the Justices of each Respectiue County Court for the Time 
being for the vse And Benifitt of the Towne Adjacent And. in 
the County where The said offence shall be Committed And p- 268. 
one third part to the Informer or him or them that shall sue 
for the same And noe provision made for the fines and forfeit- 
ures due for Any offence Committed Against the said Recited 
Act in the said Citty of S' Maries and Towne there And the the 
said inhabitants of the Citty Aforesd being A Corporation & 
the only persons in Right Capable to Receiue the Third part 
of the fines and forfeitures to become payable for Any offence 
done w th in the Citty Town And port Aforesaid in breach of 
the Act Afores d Bee it Therfore Enacted That All fines paines 
penalties and forfeitures for Any offence done or Comitted in 
breach of the said Recited Act or Any part therof within the 
Citty Town and port of S' Maries afores d be one third part to 
the Lord Proprieta ry one third part to the Mayor Recorder 
Aldermen and Comon Councill men of the said Citty Town & 
port of S' Maries The other third part to the Informer or him 
or them that shall sue for the same as in & by the said 
Recited Act is ordained to the Lord Proprieta ry the Justices of 
the County Court And the Informer Any thing in the said 
Act to the Contrary Notwithstanding And be it Enacted by 
the Authority Aforesaid that the surveyour Generall of this 
province doe forthw th provide & put in And Appoint in the 
severall Counties within this province honest & scilfull Artists 
and deputy surveyours to lay out and survey The severall 
Towns ports And places Appointed by this And the said 
Recited Act and the severall streets and Lotts Aforesaid and 
duely to plott the same soe As for the want of such Artists 
And Deputies as Aforesaid The said Towns ports And places 
be not left vnsurveyed and layd out And in Default of such 
nomination and Appointment of such Artists and deputies 
Aforesaid the said Surveyor Generall shall be fined for every 
County soe vnsupplyed of such Deputy and ior every Town 
there by that means not Layd out surveyed & layd out into 
Lotts and plotted as Afores d Fiue Thousand pounds of 
Tobacco one halfe to the Lord Proprietary And the other halfe 



120 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. to the Justices of the Respectiue County Courts for the vse of 
the Towne or Port by th c occasion not duely surveyed and 
layd out & plotted as Aforesaid And if the said Towne or 
port of the Citty of S' Maries shall by the like occasion or 
Meanes Happen to be neglected to be laid out & surveyed 
Divided & plotted as Aforesaid Then the Moytie of the said 
fine to be to the said Mayor Recorder Aldermen and Cofnon 
p. 269 Councill men of the Citty of S l Maries for the time being for 
the vse of The said Citty Towne and port Aforesaid: And 
bee it further Enacted That the said severall Towns ports & 
places in the said Recited Act and in this present Act Men- 
tioned be purchased & Surveyed & Laid out in lotts Marked 
and Staked out plotted & entred in the severall books to be 
kept Touching the Same as by the said Recited Act is 
Directed appointed at or before the Twenty ninth Day of 
September next Coming 



An Act Against Excessive Vsury 

Bee it Enacted by the Right Horio ble the Lord Proprieta ry 
off this p r vince by and with the Advice and Consent of the 
vpper & Lower Houses of this p r sent Generall Assembly & 
the Authority of the same That noe -pson nor psons w'soever 
within This p r vince whether Inhabitant or forreigner vppon 
Any Contract shall ffrom & After The end of this p r sent ses- 
sions of Assembly take Directly or indirectly for Loane of 
Any Moneys wares Merchandizes or other Comodities what- 
soever to bee paid in money aboue The value of six pounds 
for the forbearance of one Hundred pounds for one yeare 
And soe After that Rate for A Greater or lesser sufne or ffor 
A longer or shorter time: nor shall Any person or persons 
whatsoever within this province as Afores d ffrom & After the 
time Afores d Take Directly or indirectly ffor Loane of Any 
Tobaccoes Wares Merchandizes or other Comodities to bee 
paid in Tobaccoe or other Comodities of this province Aboue 
the value of eight pounds of Tobaccoe ffor the forbearance of 
one hundred pounds of Tobaccoe: And After that Rate in Any 
other Goods & Comodities: for one yeare & soe After th c Rate 
ffor A Greater or Lesser sufne or for A Longer or Shorter 
time: And that all Bonds Contracts & Assurances whatsoever 
Made after The time Afores d for payment of Any principall 
Money: or Tobacco Goods or Comodityes Aforesaid: To bee 
Lent or Covenanted to be performed vpon or for Any vsury 
Wherevpon or whereby There shall bee Reserved or Taken 
Aboue the Rate of six pounds in the hundred in Money As 
Aforesaid And Aboue eight pounds in the hundred in Tobacco 



Assembly Proceedings, April 1-26, 1684. 121 

or other Goods or Comodities as Afores d shall bee vtterly Lib. w. h. 
voyd: And that all & every person & persons whatsoever 
which shall After the time Aforesaid vpon Any Contract to 
bee Made Take Accept or Receaue by way or Meanes of any 
Corrupt Bargaine Loan Exchange Chevizance Shift or interest 
of any wares Merchandize or other thinge or things what- 
soever or by Any deceitfull way or Meanes or by any Covin 
Engine or deceitfull Conveyance: for the forbearance or 
Givinge day of payment for one whole yeare of & for theire 
money Tobacco or Goods or Comodities Aforesaid Aboue the 
sume of money or quantyty of Tobacco Aforesaid for the for- 
bearance Aforesaid: shall forfeit & loose for every such offence 
the Treble value of the Money Tobacco Goods Wares Mer- 
chandizes and other things soe lent Bargained sold exchanged 
and shifted as Aforesd The one half of the said ffine and for- p- 2 7° 
feiture To bee to the Right Hono ble the Lord Prop ry and the 
other half To him or them that shall sue for the same in Any 
Court of Record within This province by Accon of Debt bill 
plaint or information in which no essoyne protection or wager 
of Law to bee Allowed This Act to Endure for three yeares 
or to the end of the next Generall Assembly which shall first 
Happen. 



An Act for the Recording the Journall of the 
Lower House 

Whereas it is Thought Good for the Benefitt & Inlightning 
of future Assembly es: That a Record bee kept of all proceed- 
ings th' shall pass in the Lower house of Assembly of this 
province Bee it Therefore Enacted by The Right Hono ble the 
Lord prop ry of this province by and with the advice and Con- 
sent of the vpper and Lower houses of this p r sent Generall 
Assembly: That the Clarke of the Lower house of Assembly 
for the time being Transcribe the said Journall within two 
months after the Dissolution or prorogation of the said 
Assembly: and deliver the same Into the Secretaryes office: 
vpon the penalty of fiue hundred pounds of Tobacco to the 
Lord Prop r y: And the Loss of his sallerry for his service in in 
the Assembly: The said fine And fforfeiture to bee Levied 
vpon the said Gierke by the Appointment of the Leiv c Gen- 
erall or Governour of this province for the time being: That 
the said Journall as Aforesaid is not by the s d Clerk of the 
lower house delivered into the Secretaryes office As Aforesaid 
And it is hereby further enacted by the Authoryty aforesd 
That the secretary of this province for the time being shall 
bee Enjoyned To examine the secretaryes office Touching the 



122 Assembly Proceedings, April 1—26, 1684. 

Lib. w. h. purport of this Act & make Sertificate to the Governour or 
Leivtenant Generall for the time being: That thereby the fine 
& fforfeiture afores d may the more duely be Levyed 



An Act For Appointing Court Dayes in Each 
Respectiue County within This province 

To the Intent Court Dayes may bee Assertayned And that 
the Comissioners within theire Respectiue Counties may 
Know Justly when to attend: Bee it Enacted by the Right 
Hon. the Lord prop ry by & with the Advice and Consent of 
p- 271 the vpper & lower houses of this present Generall Assembly 
That For the future S 1 Maries: Baltemore: & Dorchester 
County Courts shall bee held the ffirst Tuesday in September, 
November: January: March: June for the orphants and the ffirst 
Tuesday in August for Ann Arundell: Charles: Sumersett & 
Csecill Countyes The second Tuesday in September: Novem- 
ber January: March: June: for the orphants: And the second 
Tuesday in August: ffor Talbott & Calvert Counties the Third 
Tuesday in September November January March June for the 
orphants. And the third Tuesday in August: ffor Kent County 
the fourth Tuesday in September November January March 
June for the orphans: & the fourth Tuesday in August: And 
bee it further Enacted by the Authoryty Aforesaid that every 
Comissioner that shall not Appeare And attend att such 
place Appointed for the Court To bee held att in his Respec- 
tiue County: Att the time Limitted And Appointed by the law 
shall bee fined Two Hundred pounds of Tobacco: for and 
Towards the Building of Pillory Stocks and Whiping post for 
the execution of Justice: or to bee dissposed off As the Court 
then sitting shall think ffitt vnless such Comissioner or Comis- 
sioners shall Make Lawfull Excuse to bee Allowed of by the 
Court: And for as much as it many times happens especially 
in the winter season That but Two or Three of the Comis- 
sioners doe Meet and Attend vpon the dayes sett & 
Appointed as Aforesd: Whereby all processe Made Return- 
able to that Court doe fall and Abate And the severall plain- 
tiffs Are forced to sue out new writts: to the Great Charge 
And Delay of suitors Bee it Therefore Enacted by the 
Authority Afores d That Any Two or Three of the Comis- 
sioners: whereof one to bee of the Quorum meeting as Afore- 
said bee hereby ffully Authorized & Impowered to Adjourn 
the Court To some short tim after as shall seem to them 
Meete: And that no suit shall for want of A full Court fall or 
Abate but the same shall be continued vntill the next Court to 
bee held according to such Adjournment as afores d And that 



Assembly Proceedings, April 1—26, 1684. 123 

If the first day Appointed by this Act for the holding of the Lib. w. h. 
severall and Respectiue Courts: bee not time enough to doe 
the business in th' Court Depending: Then the Justices of 
such Court are hereby Impowered to Adjourne from day to 
day vntill such time as the Business Returnable Thatt Court 
shall bee finished And whereas there hath been sume 
scruples Arrisen by the Comissioners of the Respectiue 
County Courts whether they shall doe Any other business in 
every June Court in every Respectiue yeare then what was 
Conserning orphants: The True Intent & meaninge of this Act 
is: That the Comissioners of every Respectiue County Court 
May And ought to doe heare Judge & Determine Any Busi- 
ness Depending in the said Court at the same June Court 
Between Any persons w'soever As well as Relating to Any 
orphants Business 



An Act for Reviving the Tempory Laws of this p. 272 

Province. 

Bee it Enacted by the Right Hon ble the Lord prop r y By & 
with the Advice & Consent of the vpper & lower houses of 
this p r sent Generall Assembly and the Authority of the same 
That one Act made att A Generall Assembly held att S' Johns 
the seventeenth day of Aprill one thousand six hundred sixty 
& one Intituled An Act for Appointment of Certayne officers 
Excepting the Latter Clause thereof Relating to the Sheriffs 
which is not Revived one other Act Made the same Assembly 
Entituled An Act Conserning the heigth of ffences: one other 
Act made the same Assembly Entituled An Act for Convey- 
ance of all Letters Concerning the State & publique Affaires: 
An other Act made att a Generall Assembly held Att S' 
Maries the mfteenth day of September one Thousand six 
hundred sixty & Three: And There Continued vntill the Third 
day of October ffollowing And ffrom Thence Adjourned vntill 
the second Tuesday in September one Thousand six hundred 
sixty & ffoure Entituled An Act prohibiting Arrests vpon 
sabboth dayes and dayes of Generall Muster & Traineing 
One other Act made the same Assembly Entituled An Act 
for Amertments in the provinciall And County Courts: One 
other Act made the same Assembly Entituled An Act Against 
the Exportation of Wool & old Iron one other Act Made att 
A Generall Assembly held Att S l Maries the tenth day of 
Aprill one Thousand six hundred sixty six Entituled An Act 
prohibiting Trade with the Indians ffor Any flesh Dead or 
Aliue Except Deer & wild ffowle One other Act Made the 
same Assembly Entituled An Act prohibiting fforreinge 



124 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. Ingrossers one other Act Made Att An Assembly begunn 
and held Att the Citty of S' Maries the Thirteenth day of 
Aprill one thousand six hundred sixty & nine Entituled An 
Act ffor Limitation of Certayn Accons ffor Avoyding suits Att 
Law One other Act made the same Assembly Entituled An 
Act for providing sufficient ffreight & Carriage ffor the proper 
Goods & Comodities of his Lorpp: the Lord prop r y of this 
province And The Governour off this province ffor the time 
being One other Act made The same Assembly Entituled 
An Act what shall bee Good Evidence to proue fforreigne 
Debts: Another Act Made att A Generall Assembly held att 
S' Maries the seven & Twentieth day of March one thousand 
six hundred seventy & one Entituled An Act Against Devul- 
gers of false newes: one othere Act Made the same Assembly 
Entituled An Act Against hogg stealers one othere Act made 
the same Assembly Entituled An Act for providing A stand- 
ard with English weights & Measures in the severall & 
Respectiue Counties within this Province One other Act 
Made the same Assembly Entituled An Act prohibiting the 
Importation of all horses Mares Geldings: or Colts into this 
province one other Act Made Att A Generall Assembly held 
Att S' Maries the Tenth day of October one Thousand six 
hundred Seventy & one Entituled An Act for the Explanation 
P . 273 of one Clause in An Act Entituled An Act prohibiting the 
Importation of all horses Mares Geldings or Colts Into this 
province with An Addicon And Amendment therin one other 
Act Made the Same Assembly Entituled An Act for Marking 
high wayes & making the heads of Rivers Creeks Branches 
& Swamps passable for horse And foote: one othere Act Made 
the same Assembly Entituled An Act for stey of Execucons 
After Aprill Court One Act Made Att A Generall Assembly 
held att S c Maryes the Thirteenth day of Aprill 1674 Entituled 
An Act Concerning the Impannelling the Grand Inquest in 
the severall Counties within this province one other Act 
Made the same Assembly Entituled An Act ffor the Surveyor 
Generalls ffees with Addicon of ffees vpon Resurveyes & for 
Leveying The same one other Act Made the same Assembly 
Entituled An Act Concerning those Servants that have 
Bastards One other Act Made the same Assembly Entituled 
An Act Against Burners of fences One other Act Made the 
same Assembly Entituled An Act prohibiting All Masters of 
Shipps or vessells or Any other persons from Transporting 
or Conveying Away Any person or persons out of this prov- 
ince without passes: One other Act Made Att A Generall 
Assembly held Att S l Maries the Twelfth day of febuary 1674: 
entituled An Act Touching what shall bee Allowed to Grand 



Assembly Proceedings, April 1—26, 1684. 125 

Juryes That Are sumoned Twice A yeare out of the Body of Lib. w. h. 
the p r vince to Attend provinciall Courts: One other Act 
Made att A Generall Assembly held Att the Citty of S f Maries 
the fifteenth day of May: 1676: Entituled An Act for secure- 
ing Merchants and others Tobacco After they haue Received 
it: one other Act Made the same Assembly: Entituled An 
Act for the seazure of Tobacco by the Sheriffes: one other 
Act Made the same Assembly Entituled An Act for the pub- 
lication of Marriages: one other Act Made the same Assembly 
Entituled x\n Act Relating; To servants & slaues: one other Act 
Made the same Assembly Entituled An Act Touching Coopers 
& gag-e of Tobacco hogsheads one other Act Made the same 
Assembly: Entituled An Act for the Easment of the Inhabit- 
ants of this p r vince in suits att Law for small Debts: one other 
Act Made the same Assembly Entituled An Act for the Cun- 
stables Taking; the List of Taxables one other Act Made the 
same Assembly Entituled An Act Against the Importation of 
Convicted persons into this province: one other Act made 
the same Assembly Entituled An Act for secureing Creditors: 
one other Act Made Att A Generall i\ssembly held Att S c 
Maries The Twentieth day of October one Thousand six hun- 
dred seventy & Eight Entituled An Act for Regulating Ordi- 
naries & limitting the Number of them within this province: 
One other Act Made the same Assembly Entituled An Act 
for Election of Sheriffs: one other Act made the same 
Assembly Entituled An Act for the better Administration of 
Justice in the County Courts of this province: one other Act 
Made The same Assembly Entituled An Act for Appeale And 
Regulating Writts of error: one other Act made the same p. ~- 
Assembly entituled An Act for Keeping A Register of Births 
marriages And Burialls in each Respectiue County within 
this province: one other Act made the same Assembly Enti- 
tuled An Act Imposing penalty on all such who shall Disspose 
Tobacco seized or Receaved by the Sheriffe & others: one 
other Act Made att An Assemblv Beg-unn and held the six- 
teenth day of August one thousand six hundred eighty one 
Entituled An Act for & Regulating the Malitia of this p r vince 
for the better securyty and defence Thereof One other Act 
made the same Assembly Entituled An JYct for the better 
Aministr" 1 of Justice in probate of wills Granting Administra- 
tions Recovery of Legacies and securing filiall portions: one 
other Act made the same Assembly entituled An Act for the 
more speedy Bringing to Tryall & suppressing Criminalls and 
Limitting theire Punishment for Certaine offences when pros- 
cecuted in the County Courts: one other Act made the same 
Assembly Entituled An Act for preventing vexatious and 



126 Assembly Proceedings, April 1-26, 1684. 

Lib. w. h. vnnessesary suits att Law One other Act made the same 
Assembly Entituled An Act Restrayning The Exportation of 
Leather and Raw Hides Deer & elk skins out of this province 
for the Encouragement of Tanners & shoomakers one other 
Act made Att A Generall Assembly held att the Citty of S' 
Maries The Twelfth day of november 1681 Entituled An Act 
Against Ingrossers and Regraters: one other Act made att 
A Generall Assembly begunn & held Att the Citty of S' Maries 
the hue and Twentieth day of Aprill: 1682 Entituled An Act 
for Encouragement of Tillage and Raising provisions ffor 
Advancement of Trade within this province one other Act 
made the same Assembly Entituled An Act Limitting The 
expences of the Comissioners of the County Courts of this 
province one other Act Made the same Assembly Entituled 
An Act for Ascertaining what Damages shall bee Allowed 
vpon protested Bills of Exchange one other Act Made this 
present sessions of Assembly begunn and held Att the Ridge 
in Ann Arundle County the second day of October In the 
yeare of o r Lord 1683 Entituled An Act ffor Regulating the 
Tares & Abuses in Tobacco hoggsheads one other Act made 
at the same time Entituled An Act Limitting The Extent of 
p- 2 75 Attachments And provided what shall bee levyed on Attach- 
ments and execucons: The same And every of them Bee 
and are hereby Revived and Continued to stand in ffull fforce 
And vertue for and During the Terme of Three yeares or to 
the end of the next sessions of Generall Assembly which shall 
first Happen 

Private Acts Made This Assembly 

An Act for the naturalizacon of Nicholas Verbrack 
An Act for Naturalizacon of Peter Bayard Arnoldas De-La- 
Grange Peter Sleyter & Jasper Dauncres 
An Act for the Naturalizacon of Jacob Seth 

And Therefore Wee Command you that all these Lawes 
and Every perticuler thinge Therein Conteyned att yo r next 
County Court or Any other Convenient place within yo r 
County you Cause to bee Proclaimed And firmly kept 
Wittnes our Selfe Att our Said Citty of S' Maries The 26 day 
of Aprill 1684 



ACTS 

PASSED AT A SESSION OF THE 

GENERAL ASSEMBLY 
OF MARYLAND, 

October 26, 1686. 



CHARLES, LORD BALTIMORE, 

Proprietary. 



HENRY DARNALL, 
Keeper of the Great Seal. 



Charles Absolute Lord & prop ry of the Province of Mary- Lib. w. h. 
land & Avalon Lord Baron of Baltemore &c. To the Sheriffe p " 27S 
of Ann Arrundell County Greeting Whereas by Advice & 
consent of the ffree men of o r said province of Maryland & of 
their deputies & delagates in a Certaine Assembly held att o r 
Citty of S' Maries the 26 th day of October in the Eleauenth 
Yeare of o r dominion of the said Lord Baltemore & c Annoq 
domini 1686 We haue made Enacted ordeyned seuerall Acts 
& Lawes following Viz 1 



An Act for the Payment and Assessm' of the 
publiqe Charge of this Prouince 

W r hereas there hath been four hundred & forty six Thou- 
sand two Hundred forty Eight pounds of Tobaccoe laid out 
and disbursed by the Vpper & Lower Houses of this p r sent 
Generall Assembly & by seuerall other the good people of p. 276. 
this province for the publique good of the same & to the 
intent the same may be sattisfied and paid to those persons to 
whome the same is due Be it therefore Enacted by the Right 
Hono_ ble the Lord Prop ry by & with the Advice & consent of 
the Vpper & Lower Houses of this p r sent Gen r11 Assembly 
And the Authority of the same th E the said sume of four Hun- 
dred & forty six Thousand two Hundred forty Eight pounds 
of Tobaccoe to be paid in manner & forme as is hereafter 
Expressed (That is to say) To Cornelius Murline of Talbott 
County One Hundred & fifty pounds of Tobaccoe To John 
Edmondson seaven Hundred & fifty pounds of Tobaccoe To 
Major Peter Sayer Seaven Hundred pounds of Tobaccoe To 
Co 11 W m Colebourne of Somersett County Thirteen Hundred 
& thirty pounds of Tobaccoe. To John Tounsend one Thou- 
sand pounds of Tobaccoe. To John Cellam hue Hundred 
pounds of Tobacco To James Round ffour Hundred pounds 
of Tobaccoe. To John Tailour Robert Smith Teage Quilline & 
James Tousend each pson ninety pounds of Tobaccoe To the 
said John Tailour more one Hundred pounds of Tobaccoe. 
To Thomas Lytfoott ffour hundred pounds of Tobaccoe. To 
Maj r Nicholas Gassaway Three Hundred Eighty four pounds 
of Tobaccoe. To W m Rosewell Two Thousand Two Hundred 
seauenty eight pounds of Tobaccoe. To Cap' William Peirce 
of Caecill County one Thousand & twenty pounds of Tobaccoe 



130 Assembly Proceedings, October 26, 1686. 

Lib. w. h. To W m Nowell two hundred pounds of Tobaccoe. To 
Michaell Tawney six Thousand six hundred & ninety pounds 
of Tobaccoe. To Joshua doyne six Thousand four hundred 
seauenty one pounds of Tobaccoe. To Thomas Pue the Post 
Twelue Thousand pounds of Tobaccoe. To Thomas ffoster 
of S' Maries County sixteen Hundred pounds of Tobaccoe. 
'To Samuell of Sumersett County hue Thousand Two Hun- 
dred & twenty pounds of Tobaccoe. To M r Thomas Burford 
Attorney Gen rU one Thousand pounds of Tobaccoe. To 
Thomas Casey sixteen Hundred pounds of Tobaccoe. To 
W m Tailor a Lame -pson sixteen Hundred pounds of Tobaccoe. 
p- 277 To Co 11 W m Burges fifteen Hundred pounds of Tobaccoe To 
Co" Tho: Tailor fourteen hundred thirty hue pounds of 
Tobaccoe To Robert Procter Thirteen Hundred Thirty 
pounds of Tobaccoe. To Co 11 W m Stevens hue Thousand 
Two Hundred pounds of Tobaccoe. To Co" W m Colebourne 
more fifteene hundred pounds of Tobaccoe. To Edmund 
Purder Nineteene Hundred & forty pounds of Tobaccoe To 
Thomas Burford of Ann-Arrundell County Two Hundred & 
Tenn pounds of Tobaccoe. To James Phillips of Baltemore 
County hue Hundred sixty Eight pounds of Tobaccoe. To 
Stephen ffrancis hue Hundred & fifty pounds of Tobaccoe. 
To Robert doyne six Thousand Eight Hundred & Eighty 
pounds of Tobaccoe. To Co 11 George Wells Three Thousand 
ffour Hundred & seaventy pounds of Tobaccoe. To John 
Walstone of Baltemore County One Hundred & Eight pounds 
of Tobaccoe. To James Banister To Thomas Card To James 
Cassews Nathaniell Andrews all of Baltemore County To each 
of them ninety pounds of Tobaccoe. To Joseph Sanders 
ninety pounds of Tobaccoe. To Johanna Goldsmith ffour 
Hundred Pounds of Tobaccoe. To Samvell Brandt sixty 
pounds of Tobaccoe. To W m Osborne Two Hundred & forty 
pounds of Tobaccoe. To Andrew Hopkins Two Hundred & 
Eighty pounds of Tobaccoe. To John Corington ffour hun- 
dred pounds of Tobaccoe. To John Tailour of Dorchester 
County Gent. Two Thousand four Hundred thirty fiue pounds 
of Tobaccoe. To John Parsons drurner six Thousand pounds 
of Tobaccoe. To Edward Stephens of dorchester County one 
hundred & Eighty pounds of Tobaccoe. To Co" Henry 
Darnell Thirteen Hundred & fifty pounds of Tobaccoe. To 
Major Peter Soyer more Three Hundred & tenn pounds of 
Tobaccoe. To Clement Hill Esq r Two Thousand fiue Hun- 
dred pounds of Tobaccoe To M r Richard Gardner Two 
Thousand fiue Hundred pounds of Tobaccoe To M r Anthony 
Vnderwood seaven Thousand fiue Hundred pounds of 
Tobaccoe To W m Dent six Thousand pounds of Tobaccoe. 



.Assembly Proceedings, October 26, 1686. 131 

To Tho: Grunwine Three Thousand hue Hundred pounds of Lib. w. h. 
Tobaccoe. To W m Taylour Three Thousand hue Hundred 
pounds of Tobaccoe. To Anthony Evans sixteen Hundred 
pounds of Tobaccoe To James Ricketts Eight Hundred 
pounds of Tobaccoe. To James Cullen four Thousand hue p- 278 
Hundred pounds of Tobaccoe. To James Cullen for the 
Estate of Mark Cordia six Hundred 8c forty pounds of 
Tobaccoe. To Co 11 Henry Darnall more Nine Thousand Two 
Hundred thirty pounds of Tobaccoe. To John Anderson four 
Thousand pounds of Tobaccoe. To M r Daniell Clark fifteen 
Hundred pounds of Tobaccoe. To Symon Perch of S' Maries 
County sixteen Hundred Pounds of Tobaccoe. To Gilbert 
Clarke hue Thousand four Hundred pounds of Tobaccoe. To 
W m Nutthead Printer hue Thousand fiue Hundred & fifty 
pounds of Tobaccoe. To John Evans the Cryer Two Thou- 
sand one Hundred twenty two pounds of Tobaccoe. To 
Richard Benton one Hundred pounds of Tobaccoe. To 
Edward Boothby Three Thousand pounds of Tobaccoe. To 
Thomas Grunwine more hue Hundred pounds of Tobaccoe. 
To Nicholas Hackett one Thousand pounds of Tobaccoe. To 
James Yore fiue Hundred & fifty pounds of Tobaccoe. To 
Hugh Hopewell Senj r Three Thousand seauen Hundred 
ninety one pounds of Tobaccoe. To Joseph Edloe of Petuxent 
fiue Thousand six Hundred & thirteene pounds of Tobaccoe. 
To Nicholas Hackett first allowance Three Thousand fiue 
Hundred pounds of Tobaccoe. To George Lingan Two 
Hundred 8c Eighty pounds of Tobaccoe. To the Sheriffe of 
Ann Arrundell County seauen Hundred & twenty pounds of 
Tobaccoe To the sheriffe of Baltemore County seaven Hun- 
dred 8c twenty pounds of Tobaccoe. To the Sheriffe of Caecill 
County seaven Hundred 8c twenty pounds of Tobaccoe. To 
the Sheriffe of Kent County seauen Hundred 8c twenty 
pounds of Tobaccoe. To the Sheriffe of Dorchester County 
Seaven Hundred 8c twenty pounds of Tobaccoe. To the 
Sheriffe of Talbott County seaven Hundred & twenty pounds 
of Tobaccoe. To the sheriffe of Sumersett County seauen 
Hundred 8c twenty pounds of Tobaccoe. To John LLewellin 
Twelue Thousand pounds of Tobaccoe. To John Baker 
Ninety six Thousand four Hundred forty two pounds of 
Tobaccoe To Robert Gelly Twenty Thousand hue Hundred p- 279 
8c seaven pounds of Tobaccoe. To Co 11 W m Colebourne for 
Indian Expences at Tho: Beales house, two Hundred pounds 
of Tobaccoe. To Garrett Vansweringen forty six Thousand 
seven Hundred twenty seuen pounds of Tobaccoe To Phillip 
Lynes forty two Thousand Eight Hundred 8c six pounds of 
Tobaccoe To Christopher Nutter Two Thousand pounds of 



132 Assembly Proceedings, October 26, 1686. 

Lib. w. h. Tobaccoe To Edmund Dennis ffour Hundred sixty Eight 
pounds of Tobaccoe To Phillip Lynes more ffour Thousand 
Eight Hundred seventy two pounds of Tobaccoe. To Maj r 
Thomas Taylour Thirteen Hundred & fifteene pounds of 
Tobaccoe. And whereas there is before in this Act menconed 
seven Hundred & twenty pounds of Tobaccoe to be paid to 
each of the severall Sheriffs of Ann Arrundell Baltemore 
Kent Caecill Talbott Dorchester & Somersett Counties — It is 
the true intent & meaning of this Act th' the same is intended 
towards payment of a Boate & one hand of each County that 
Attended vpon the delegates 8z representatiues of the said 
Countyes To this p r sent Generall Assembly & further that 
there be paid & satisfied to the severall Sheriffs in this prov- 
ince for their Sallery for Colecting the sume of four Hundred 
& hue Thousand six Hundred & Eighty pounds of Tobaccoe. 
The sume of fforty Thousand hue Hundred sixty Eight pounds 
of Tobaccoe. And be it further Enacted by the Advice con- 
sent & Authority aforesaid that the aforesaid sume of 
Tobaccoe Amounting- in the whole to the sume of ffour Hun- 
dred fforty six Thousand Two Hundred forty Eight pounds of 
Tobaccoe. to be leavyed & Assessed by an Equall assessment 
vpon the psons & Estates of the Inhabitants of this Province 
& be paid to the severall persons to whome the same is due 
according to the Accompts disbursem ts & necessary charges of 
this Province w ch haue been Examined stated & allowed by 
the vpper & Lower Houses of this p r sent Gen r all Assembly 
any Law Custome or statute to the contrary in any wise 
Notwithstanding 

p. 280 A Further Additionall Act to the act for 

Aduancement of Trade and to the 
Supplementary Act to the same 

Whereas by an Act Lately made at a Gen r all Assembly 
begune & held att the Ridge in Ann Arrundell County the 
second day of October in the yeare of o r Lord God One 
Thousand six Hundred Eighty & three Entituled An Act for 
AdvancenV of Trade and by one other Act made the same 
assembly held at the Citty of S' Maries the four & twenteth 
day of Aprill in the yeare of o r Lord one thousand six Hun- 
dred Eighty & four Entituled an Additionall & supplementary 
Act to the Act for advancem' of Trade It'was Enacted that the 
severall respectiue Townes Ports & places in the said Acts 
menconed should be ports & places where all Shipps & Ves- 
sells tradeing into this Province should vnlade & put on shore 
and sell barter & trafique all goods wares & comodities that 



Assembly Proceedings, October 26, 1686. 133 

should be imported into this province & likewise That all Lib. w. h. 
Tobaccoes wares & Marchantdizes of the growth produccon 
& manufacture of this Province intended to be sold here or 
transported out of this Province should for that end and 
intent be brought to the said ports & places as by the said 
Acts relacon respectiuely being therevnto had & made more 
fully and at Large it doth & may appear and whereas seuerall 
of those Townes ports or places in the said two seuerall Acts 
menconed haue been by experience found to be very ill scitu- 
ated haueing noe convenient landings or passable wayes in 
the winter season for the bringing Tobaccoes & other wares 
& m r chantdizes to the same whereby many psons otherwise 
very desireous to build haue been much discouraged to seate 
themselues in suuch Townes & ports & seuerall other places p- 281 
in many Counties haue by the Inhabitants thereof been much 
pitched vpon for more comodious places and more conveni- 
ently furnished with all requisites fitt for Townes of Trade & 
comerce w ch were they Erected into Townes & ports would 
highly conduce to the carrying & bringing euen to perfeccon 
soe great & good a worke as by the Act before recited was 
intended to the end therefore th l all possible Encouragem' 
may be giuen to a vigerous prosecucon of an affaire soe 
highly importing the Hono r & Wellfaire of this province the 
deligates of this Gen r all Assembly doe pray that it may be 
Enacted. And be it Enacted by the Right hono rbIe the Lord 
Prop ry by & with the advice & consent of the vpper & lower 
houses of this p r sent Gen r all Assembly and the Authority of 
the same that the Townes ports & places herein after perticu- 
larly menconed be & are hereby aded & made ports & places 
equall with the other Townes formerly by the acts aforesaid 
or either of them made & appointed where all shipps & Ves- 
sells tradeing into this Province shall vnlade & put on shore 
& sell barter & trafique away where all tobaccoe good wares 
& Marchantdizes th 1 shall be imported into this Province & 
likewise of the growth producon & manufacture of this Prov- 
ince intended to be sold here or transported out of this prov- 
ince shall be for that End & intent brought to the said port & 
places (That is to say) in the County of S' Maries at piles 
fresh on both sides of the said fresh on the Land of M r Joseph 
Pile and Thomas Sympson in Kent County a Towne port or 
place at Swan Creeke on the plantacon & land of W m Stanly 
To be called Millford Towne in Calvert County one other 
Towne port or place att Harvey Towne and the land adjacent 
there in Charles County one Towne port or place at lower 
Cedar poynt in Pukewaxen hundred on or neere the land late 
of M r James Tire deceased and one other at dangyes point in 



134 Assembly Proceedings, October 26, 1686. 

Lib. w. h. Mattawomen or S' Thomas Creeke in Baltemore County at 
Towne port or place in Sposuty Creek on the land formerly 

p. 282 ]\/[r J hn Colletts now in possession of John Mould and the 
Land adjacant and one other in Gunpowder Riuer vpon the 
point comonly called Westburies Point. In Tabott County a 
port Towne or place at or neer the Co rt House vpon the land 
of James downes & the land adjacent to be called Yorke. In 
the County of Somersett a Towne or port att Snow hill on the 
land formerly belonging to Henry Bishop and last to Ann 
Bishop his Widdow and one other in Arnold Erzyes land & 
the land adjacent att Oyster Neck att the mouth of Monokin, 
and th' all persons that haue already built vpon the said land 
called Snow Hill shall Enjoy their lotts as fully firmely & effectu- 
ally as any other builders vpon Lotts in any other Townes pay- 
ing for the same as others doe. In dorchester County one in 
little Choptanck Riuer att Nicholas Maryes poynt, to be called 
Islington and one other in Hunger Riuer on the East side of 
the said Riuer on Andrew Fusleyes Neck to be called Bristoll 
and in the County of Caecill one Towne port or place in Elk 
Riuer att a place called Caecill Towne at the mouth of Bohe- 
mia River and that the Comission rs in the said Act for 
Advancerm of Trade Nominated or any fiue of them shall & 
are hereby impowered to haue As full & ample Authority not 
onely as to the purchaseing & surveying laying & stakeing out 
Lotts but as to the doeing & performeing of all and euery 
other thing & things whatsoeuer relateing to the new Townes 
herein menconed as they had haue or were intended to haue 
had by the aforesaid two seuerall Acts or either of them in 
relacon To those Townes in the said former Acts menconed. 
To all Intents & purposes whatsoever and th' the s d Comis- 
sion rs in the said Act for Advancem' of trade for each respectiue 
County nominated or any fiue of them are hereby Impowred, 
& Enjoyned some time before the twenty fifth day of March 
now next Ensueing to meete togeather Vpon the respectiue 
lands & places before in this Act before menconed to be new 
added Townes or at some other place neere the same & to 
lay out 100 A: of land in the severall places respectiuely for 
Townes in this p r sent menconed Act & to cause the same to 
be laid out into lotts in such manner & forme as by the said 
first recited Act is directed persueing & following in all points 

p- 283 and Circumstances the rules & orders in the said two recited 
Acts prescribed (vnless otherwise provided ag c in this p r sent 
Act. And be it further Enacted by the Authority aforesaid 
that the takeing vp of the severall Lotts in each respectiue 
Towne in this p r sent act menconed complying with the gen r all 
rules p r scribed in the aforesaid Acts & building vpon such 



Assembly Proceedings, October 26, 1686. 135 

Lotts according to the direcons of the former recited Acts Lib. w. h. 
before the last day of August w ch shall be in the yeare one 
thousand six hundred Eighty & Eight are hereby invested w th 
a like Estate in their severall respectue Lotts & shall hold & 
enjoy the same to them & theire heires in such manner & 
vnder the like rents as the other Lotts in those ports & 
Townes in the former Acts are held or menconed to be held 
& Enjoyed and now in tender consideracon of the p r misses 
haueing Especiall reguard to the p r sent in Capassity of many 
the Inhabitants of this Province as to a plenary compliance 
w th all particulars required by the former Acts. 

Be it therefore further Enacted by the Right Hono rbIe the 
Lord Prop ry by & with the advice & consent of the vpper & 
lower houses of this p r sent Gen ra11 Assembly and the Authority 
of the same that from & after the publicacon of this p r sent Act 
of Assembly vntill the last day of August in the yeare of o r 
Lord one thousand six hundred Eighty & Eight & no longer 
it shall & may be lawfull for any pson or psons whatsoever 
Inhabitants or others liveing or resideing in this province by 
any meanes or wayes whatsoeuer to carry or transport their 
Tobaccoe or other goods of the growth of this Province to 
any port or place allowed by this & the aforesaid Acts as 
Townes & other places of trade and there onely enter with 
the Officer of such Towne for that purpose by his Lord pps or 
deputie Leivten ts appointed or to be appointed & a particular 
acco tts from him to take w ch said Officer is hereby enjoyned 
by himselfe or some suffitient Deputie to giue his due attend- 
ance at Request to giue to such pson soe bringing the same a 
Certificate vnder his hand th' such Tobaccoes goods and Mar- 
chantdizes either in hh dds or bulke were brought & entered to 
and att such Towne or port & in default of such respectue 
Officer not giueing his due attendance & not complying w th 
his dutie according to the tenno r of this Act that every such 
Officer shall pay & forfeite to the> party greiued the sufne of 
one Thousand pounds of Tobaccoe for every such default to p. 284 
be recovered in any of his Lopps Co rt of Record in this Prov- 
ince and that pson or psons shipping of or Exporting or 
coveying by sloope or Cart or rolling any tobaccoes or other 
comodities of the growth produccon or manufacture of this 
province out of the same province without haueing first 
brought & entered the same to & att some Towne or port & 
obteyned Cirtificate of the officer aforesaid shall for every 
such default forfeite & pay for every hogshead of tobaccoe soe 
shipped of or exported without entry thereof the sufne of 
forty shillings sterling & soe after the same rate for a greater 
or lesser quantity in bulke & the like sufne of forty shillings 



136 Assembly Proceedings, October 26, 1686. 

Lib. w. h. for the value of a hogshead of Tobaccoe in other goods wares 
& marchantdizes to be recovered by accon of debt bill plaint 
or informacon in any Co rt of this Province one third part 
thereof to his Lord pp the Lord Prop ry one third part to & for 
the benefitt of the Towne next adjacent to the house habitacon 
or plantacon of the owner of such Tobaccoes or other goods, 
and the other third pt to the informer or him or them that 
shall seize or sue for the same wherein noe Essoyne protecon 
or wager of Law to be allowed any thing matter or clause 
whatsoeuer herein or in the aforesaid two seuerall Acts before 
menconed to the contrary thereof in any wise notwithstanding 
And it is further Enacted that the person or persons soe 
bringing the Tobaccoe & goods to such port in case the 
officer cannot in the sloope number the Hogsheads or find 
out the quantity or quality of such goods wares & marchant- 
dizes soe brought as aforesaid without takeing some part 
thereof out th l then soe much thereof shall be vnladen as will 
bring the rest to his sight & veiw. And it is also further 
Enacted th' such Officer for such Entry & certificate as afore- 
said shall receiue & haue three pence sterling or three pounds 
of Tobaccoe p Hogshead in Casque or the like quantity in 
Bulke and after the same rate for other goods & wares Mer- 
chantdizes to be paid by the Shipper of or Exported of the 
Tobaccoe goods & Marchantdizes aforesaid. And be it further 
Enacted by the Lord Prop ry by & with the advice & consent 
of the vper & lower Houses of this p r sent gen r all Assembly 
and the Authority of the same th' from & after the said last 
day of August in the yeare of o r Lord one Thousand six Hun- 
p- 28 5 dred Eighty & Eight all & every pson or psons whatsoeuer 
Inhabitants onely or Taxables of this Province Transport or 
convey to some port or place Authorized for a Towne all 
Tobaccoes & other comodities of the growth of this Province. 
Intended to be transported (Except as hereafter is Excepted) 
& put the same into House or Houses or Stores for that pur- 
pose built or to be built in order to be there sould and from 
thence onely shipped of & from noe other place whatsoeuer 
and further that all & euery pson or psons whatsoeuer 
th' shall after the last day of August which shall be in the 
yeare of o r Lord One Thousand six Hundred Eighty & Eight 
shipp of Export or convey out of this Province by any wayes 
or meanes whatsoeuer any Tobaccoe or other goods wares or 
M r chantdizes of the growth producon or manufacture thereof 
without haueing first landed & housed the same in some port 
or Towne appointed for trade & takeing a Certificate of such 
landing & houseing vnder the hand of the Officer of the 
Towne for th' time being shall forfeite & pay forty shillings 



Assembly Proceedings, October 26, 1686. 137 

sterling for euery hogshead of Tobaccoe soe shipped of Lib. w. h. 
Exported or conveyed out of this province and soe after the 
same rate for a greater or lesser quantity in bulk or for the 
Vallue of a hogshead of Tobaccoe in other goods wares & 
Merchantdizes to be recouered & payed to such vses & in 
such manner as before is appointed & whereas the weighing 
Tobaccoe & other comodities w th Stylyards heitherto Vsed is 
a certaine abuse not onely to the people of this province but 
to the traders of the same. 

Be it therefore Enacted by the Authority aforesaid that from 
& after the last day of August One thousand six hundred 
Eighty & Eight noe Stylyards shall be vsed for the waying any 
Tobaccoes wares or Merchantdizes Exceeding the waight of 
one hundred pounds in any of the Townes ports or places 
authorized for Townes but shall be wayed by weights & scales 
and to th' end the Justices of each respectiue County Co rt are 
hereby enjoyned forthwith to send for & procure at the 
charge of each respectiue County to be assessed in the 
County levaie substantiall scales & lawfull weights weighing 
vpwards of Seven Hundred pownds weight w th three moue- 
able posts to be carryed from place to place in the Towne soe 
th c the same Justices haue the same ready in Each respectiue p. 286 
Towne within each County on or before the said last day of 
August 1688 and in default thereof the said Justices of each 
respectiue County Co rt shall forfeite & pay for euery such 
weights & scales wanting for each respectiue Towne in each 
County the sume of ffiue hundred pounds of tobaccoe one 
halfe thereof to the Lord Prop ry & the other halfe thereof to 
him or them th c shall sue for the same in any Co" of Record 
w th in this Province and the said weights & scales to be kept 
by the Officer of each Towne who is to haue & receiue for 
each draught therein Weighed the sufne of one penny Ster- 
ling or one pound of Tobaccoe to paid by them th £ shall bring 
the same. And be it further Enacted by the Authority afore- 
said th c noe bill plaint informacon or suite be brought in any 
of his Lord pps Courts of this Province for of by reason of any 
breach heretofe comitted ag* the aforesaid Acts but th e all & 
all manner of breaches thereof be & are hereby released & 
forgiuen and th c the Comission rs for Townes now liueing in 
Each respectiue County or any hue of them in case any 
Towne or port hereby nominated shall be soe remoate from 
the habitacons of hue Comission rs th l they cannot conveniently 
be & goe vpon the same ports or Townes to Execute this Act 
that then & in such case the said Comission rs named in the 
said first recited Act or any hue of them are hereby impowred 
to nominate & appoint such other able & discreete psons as 



138 Assembly Proceedings, October 26, 1686. 

Lib. w. h. to them shall seeme meete to be Comission rs togeather w th the 
other Comission rs to Execute this p r sent Act w ch said Comis- 
sion rs soe by them appointed not exceeding the number of hue 
shall haue the same power & authority Equall w th such other 
Comission rs nominated in the said first recited Act to all intents 
& purposes whoever provided th' after the said first day of 
August 1688. nothing- in this Act shall be construed, That 
pipe staues timber or other such like lumber shall be housed 
in the Towne houses or store houses as Tobaccoes & other 
p. 287 goods & Merchantdizes before menconed are to be but onely 
to be vnladen & landed & Certificate therefore giuen as afore- 
said And further be it Enacted th' all Lotts th' shall not be 
taken vp in any towne place or port either in this or the other 
two former Acts named before the end of fiue yeares from the 
comencem' of the first recited Act shall revert to the first 
owner or owners of the said land to be in the same Estate as 
he or they were seised or possessed of at the time the same 
was sould but notwithstanding shall be deemed & reputed as 
Towne lands & haue hold & Enjoy the same liberties privi- 
lidges & imunities as any other lotts th' haue or shall be built 
vpon provided Nevertheless th' such owner or owners of such 
vntaken vp lotts at any time within fiue yeares after the expi- 
racon of the said last menconed fiue yeares vpon tender of 
any pson or psons of double the value of the first purchase of 
a Lott in such Towne & of the charges of first takeing vp the 
same shall not refuse but shall accept the same in full satis- 
facon of such lott & th' such owner or owners shall therevpon 
at the costs & charges of such taker vp make good & suf- 
ficient assureance to such taker vp & his heires & vpon 
refusall of the same the pson tendering the same & his Heires 
shall be from thenceforth invested settled & seized of & in 
the same lott in as ample manner as if he had taken the same 
vp in due & lawfull time & likewise if any impediment shall 
be in such owner or owners th' they cannott make legall 
assureance by reason of Coverture non sane memorise non 
age or otherwise th' then such taker vp shall be settled seized 
& invested in the said lott or lotts to him & his heires as if 
duely takeing vp as aforesaid paying to the said owner or 
owners double as before is menconed such takers vp still fol- 
lowing the directions in building or otherwise of this & the 
two former Acts herein before recited And be it by the 
Authority aforesaid Enacted th' the seuerall Townes hereafter 
named & by the said former Acts made places & Townes for 
trade but now being found by Experience to be places noe 
wayes fitting or convenient for the same Viz' th' Towne on 
Morgans Land formerly called Barrows towards the head of 



Assembly Proceedings, October 26, 1686. 139 

Pocomoke, in Dorchester County now comonly called Dor- Lib. w. h. 
chester, on Morgans land neere the head of ffishing Creek in 
little Choptanck the Towne in Baltemore County in Middle 
Riuer on the land of Cornowalls or Loakins, and the Towne p." 288 
on stumpt neck neer Chingemuxen on the land late of M r 
Reddishare by & with the Authority aforesaid hereby declared 
to be anulled & Vntowned & forever after to be & remaine 
vnto the former respectiue owner or owners their heires & 
assignes for euer in such -plight & condicon of Estate as they 
were before the making of the said former Acts as if such Act 
or Acts or either of them had neuer been made And lastly 
be it Enacted th 1 the aforesaid two severall Acts & every 
clause matter or thing in the same conteyned (not altered by 
this p r sent Act) shall stand & be in as full force & virtue 
as the same ever was before the makeing hereof provided 
allwayes & itt is the true intent & meaning hereof th' all 
Tobaccoes of the growth of this Province & other comodities 
brought to the seuerall Ports & Townes in this & the fore- 
menconed two Acts in this bill recited to be sold shipped of 
or Exported as aforesaid & w ch are to be for th' purpose 
weighed shall be weighed by the Towne scales onely & not 
otherwise vnder the paine and penalty of the forfiture of Tenn 
shillings sterling tor every hogshead of Tobaccoe or the vallue 
of a hogshead of Tobaccoe in other goods & comodities 
brought to the Townes & Ports aforesaid for the End & pur- 
pose aforesaid and not weighed at the Towne scales as afore- 
said one halfe thereof to the Right Hono rble the Lord Prop" 7 and 
the other halfe to the Officer appointed in such Towne or Port 
to keep the said Scales. 



An Act for Reviueing the Temporary 
Lawes of this Province 

Be it Enacted by the Right Hon rble the Lord Prop ry by & 
with the Advice & consent of the vper & lower houses of this 
Generall Assembly and the Authority of the same That one 
Act at a Gen r all Assembly held at S [ Johns the seuenth day of p. 289 
Aprill 1 66 1 Entituled an Act concerning the hight of fences 
one other Act made the same Assembly Entituled an Act for 
Conveyance of all Letters concerning the state & publique 
affaires one other Act made at a Gen r all Assembly held at 
S' Maries the fifteenth day of Septemb r 1663 & there con- 
tinued vntill the third day of October following & from thence 
adjurnd vntill the second Tuesday in Septemb r 1664. Enti- 
tuled an Act prohibiting arrests vpon Saboath dayes & dayes 



140 Assembly Proceedings, October 26, 1686. 

Lib. w. h. of Gen r all Muster & Training, one other Act made the same 
Assembly Entituled an Act for Amercm 15 in the Provincall & 
County Co rts one other Act made at a Gen r all Assembly held 
at S c Maries the tenth day of Aprill 1666 Entituled an Act 
prohibiting forreigne Ingrosers one other Act made at an 
Assembly began & held at the Citty of S l Maries the thirtienth 
day of Aprill 1 669 Entituled an Act for limitacon of Certaine 
Accons for avoiding suits at law one other Act made the 
same Assembly Entituled an Act "for provideing sufntient 
fraight & carruage for the proper goods & comodities of his 
Lopps the Lord Propri ry of this Province & the Gou r ners of 
this province for the time being, one other Act made the 
same Assembly Entituled an Act what shall be good Evidence 
to proue foreigne debts, an other Act made at a Gen r all 
Assembly held at S l Maries the seven & twenteth day of 
March 1671 Entituled an Act against divulgers of false Newes 
one other Act made the same assembly Entituled an Act 
against Hogstealers one other Act made the same Assembly 
Entituled an Act for provideing a Standerd with English 
weights 8c measure in the severall & respective Counties 
w th in this province one other Act made the same Assembly 
Entituled an Act prohibiting the importacon of all Horses 
Mayres Guildings or Colts into this Province, one Act made 
at a gen r all Assembly held at S l Maries the tenth of October 
1 67 1 Entituled an Act for the Explanacon of one clause in an 
Act prohibiting Importacon of all Horses, mares, Guildings or 
P . 290 Coults into this Province with an addicon & amendm' therein 
one other Act made the same Assembly Entituled an Act 
marking highwaies & makeing the heads of Rivers Creeks 
Branches & swamps passable for Horse & foote, One Act 
made the same Assembly Entituled an Act for stay of Execu- 
cons after Aprill Co" one Act made at a Gen r all Assembly 
held at S' Maries the thirteenth day of Aprill 1674 Entituled 
an Act concerning the Impanelling the Grand Inquest in the 
seuerall Counties within this Province, one Act made the 
same Assembly Entituled an Act for the Survey" Gen r alls 
ffees with addicon of ffees vpon resurveyes & for leaveying 
the same, one Act made the same Assembly Entituled an. 
Act for paym' of ffees due from Criminalls psons, one Act 
made the same Assembly Entituled an Act concerning those 
Servants th' haue bastards, One other Act made the same 
Assembly Entituled an Act against burners of fences, one 
other Act made the same Assembly Entituled an Act prohib- 
iting all masters of shipps or Vessells or any other pson from 
transporting or conveying away any pson or psons out of this 
province without passes, one other Act made at a Gen r all 



Assembly Proceedings, October 26, 1686. 141 

Assembly held at S' Maries the twelfth day. of ffeb ry 1684 Lib. w. h. 
Entituled an Act concerning what shall be allowed to Grand 
Juries th' are sumoned twice a yeare out of the body of the 
province to attend Provincall Co rts One other Act made at a 
Gen r all Assembly held at the Citty of S' Maries the fifteenth 
day of May 1676 Entituled an Act for secureing M r chants & 
others Tobaccoe after they haue reed it, One other Act made 
the same Assembly Entituled an Act relateing to the seizure 
of Tobaccoe by the Sherriffes, One other Act made the same 
Assembly Entituled an Act for the publicacon of Marriges 
one other Act made the same Assembly Entituled an Act 
relateing to servants & slaues, one other Act made the same 
Assembly Entituled an Act touching Coopers & gauge of 
Tobaccoe Hogsheads, one other Act made the same Assembly 
Entituled an Act for Easem' of the Inhabitants of this Province 
in suits at Lawe for small debts one other Act made the same 
Assembly Entituled An act for the Constables takeing the lists 
of Taxables one other Act made the same Assembly Intituled 
an Act against the Importacon of Convicted psons into this p. 291 
province, One other Act made the same Assembly Entituled 
an Act for secureing Credit rs One other Act made at a 
Gen r all Assembly held at S E Maries the twenteth day of Octo- 
ber 1678 Entituled an Act regulateing Ordinaryes & limiteing 
the number of them w th in this Province one other Act made 
the same assembly Entituled an Act for the better admcon of 
Justice in the County Co r[S of this Province one other Act 
made same Assembly Entituled an Act for Appeales & regu- 
lateing Writts of Erro r one other Act made the same 
Assembly Entituled an Act for keeping a register of Births 
Mariges & burialls in each respectiue County within this prov- 
ince one other Act made the same Assembly Entituled an 
Act imposeing a penalty on all such who shall dispose of 
Tobaccoe seized or receiued by the sheriffe & others, one 
other Act made at an Assembly begune & held the sixteenth 
day of August 1681 Entituled an Act for the ordering & 
regulateing the Militia of this Province for the better security 
& defence thereof, one other Act made the same Assembly 
Entituled an Act for the better admcon of Justice in probate 
of Wills granting admcons recovery of legaces & secureing 
filla.ll porcons one other Act made the same Assembly Enti- 
tuled an Act for the more speedy bringing to tryall & sup- 
pressing Criminalls & limiting their punishm' for certaine 
Offences when prosecuted in the County Co rts one other Act 
made the same Assembly Entituled An Act for p r venting Vex- 
atious & Vnnecessary Suits at Law, one other Act made at a 
Generall Assembly held at the Citty S' Maries the twelfth day 



142 Assembly Proceedings, October 26, 1686. 

Lib. w. H.'of November 1681 Entituled an Act ag' Ingrosers & regraters 
one other Act made at a Gen r all Assembly begune & held at 
the Citty of S' Maries the flue & twenteth day of Aprill 1682 
Entituled an Act for Encouragem* of Tillage & raiseing pro- 
visions for Advancem 1 of 1 rade within this Province one other 
Act made the same Assembly Entituled an Act limiting the 
Expences of the Comission rs of the County Co rts of this Prov- 
ince, one other Act made the same Assembly Entituled an 
Act for a Certeining what damages shall be allowed vpon 
protested bills of Exchange one other Act made at a Generall 
Assembly begune & held at the Ridge in Ann Arrundell 
County the second day of October one Thousand six Hundred 
Eighty & three Entituled an Act for regulateing the tares & 
p- 2 9 2 abuses in Tobaccoe Hogsheads, one other Act made the same 
Assembly Entituled an Act limiting the Extent of Attachm ts 
& provideing what shall be leavied on Attachm" & Execons, 
one other Act made at a Gen r all Assembly held at the 
Citty of S' Maries the two & twenteth day of Aprill 1684 
Entituled an Act against Excessiue vsury, one other Act 
made at a Gen r all Assembly held at S c Johns the seventeenth 
day of Aprill 1661 Entituled an Act for appointm' of Certaine 
Officers Excepting the latter clause thereof relateing to 
Sheriffs w ch is not reviued, one other Act made at a Gen r all 
Assembly held at S l Maries the tenth day of Aprill 1666 Enti- 
tuled an Act prohibiting trade with Indians for any flesh dead 
or aliue Except deer and Wilde-fowle the same & every of 
them be & are hereby reviued & continued to stand in full 
force & Virtue for & dureing the terme of three yeares or to 
the end of the next Gen r all Assembly w ch shall first happen. 



An Act for advancem' of Coynes 

Whereas by Experience it is found th f the want of ready 
money in this province is a very great hindrance & much 
imped by trade thereof & th : without ready money noe 
Encouragem' can be giuen to handicrafts and tradsmen 
either to come or continue in this province Be it therefore 
Enacted by the Right Hono rble the Lord Prop ry by & with the 
Advice & consent of the vpper & lower Houses of this p r sent 
Gen r all Assembly & the Authority of the same for the reasons 
aforesaid & for the encourageing such as shall bring Money 
into this Province That all Coynes (Except the Coyne of o r 
soveraigne Lord the Kings most Excellent Majesty of Eng- 
land) shall be advanced & paid taken & receiued by all psons 
whatsoeuer for the full value in money sterling as by this Act 
is nominated & Enjoyned(th'is to say) th' every new England 



Assembly Proceedings, October 26, 1686 143 

shilling shall pass & be deemed to passe & shall be paid & Lib. w. h. 
reed for twelue pence Sterling & euery new England six pence 
for six pence Sterling & either of the said Coynes in lesser or 
greater peeces to be advanced the sume of thre pence propor- 
tionable in every shilling or twelue pence alsoe every ffrench 
Crowne peece of Eight Rex dollars at six shillings sterling 
duccatoones at Seven shillings & six pence sterling w ch said 
four Coynes of Silver or Gold lesser peeces to be advanced as 
aforesaid alsoe all other Coynes of Silver or Gold forreigne 
or not forreigne (Except before Excepted) That are or shall 
be Lycensed to be Exported out of the Kingdome of England p- 293 
& payable in the said Kingdome shall (Except base Coyne) 
be paid taken & rec d with the Advance of three pence sterling 
in the Value of twelue pence Sterling in euery peece propor- 
tionable And it is by the Authority aforesaid hereby further 
Enacted th £ all such moneys & Coynes soe advanced as afore- 
said shall be receiued & taken to the Vallue aforesaid in all 
paym ts to be contracted for & paid in ready money vnder the 
paine tfr vpon suffkient proofe made of such pson or psons 
soe refuseing to Except thereof for or in sattisfacon of any 
debt due by Bill Contract Aco" or otherwise at such rates & 
advance as aforesaid shall loose his or their debt or debts soe 
due as aforesaid never to be recovered of the debtor in any 
Co rt of Record or by any other meanes whatsoeuer any Law 
vseage or Custome to the contrary notwithstanding And be 
it further Enacted by the Authority aforesaid th' noe pson or 
psons whatsoever stranger or Inhabitant within this Province 
shall Export or attempt to Export out of this Province any of 
the aforesaid Coynes or money soe Advanced as aforesaid 
vnder the paine of forfiture of the said money soe Exported 
or intended to be Exported as aforesaid one halfe or Moyety 
thereof to the Right Hon rbIe the Lord Prop ry & the other halfe 
to the Informer or him or them th [ shall sue for the same in 
any Court of Record within this Province by bill plaint or 
Informacon wherein noe Essoyne proteccon or wager of Lawe 
to be allowed provided th' nothing in this Act shall be taken 
or construed to alter the Lawes allready made & provided in 
refference to his Lopps but th' his Lord pps shall haue take 
& receiue his Rents fines & Allienacons & his Imposicon 
of two shillings -p hogsheads & all other duties to him 
payable in such manner & forme as the same is allready 
made & provided for to all intents & purposes as if this Act 
had never been made And be it further Enacted by the 
Authority aforesaid th' all officers whatsoeuer haueing holding 
or Enjoying any place of profitt vnder the Right Hon rble the 
Lord Prop ry in this Province to whome any fee or fees are or 



144 Assembly Proceedings, October 26, 1686. 

Lib. w. h. shall be legally due and payable for doeing Executeing or 
pforming any matter or thing belonging to their Respectue 
Office and all & euery lycensed Ordinary Keepers w tfc in this 
Province shall not refuse but are & euery of them are hereby 
Oblidged to receiue & take after the rate of six shillings of 
such advanced Coyne as aforesaid in Lue & instead of euery 
hundred pounds of Tobaccoe as aforesaid due & payable th l is 
to say the said Officers for their fees & the said Ordinary 
Keepers for their accomodacons provided the said soe advanced 
Coynes in Moneys numbred be tendered & paid to such Officer 
p. 294 or Officers at the very first Employing of such Officer or at 
the takeing out of any process act or thing belonging to such 
Officer and to the Ordinary Keepers at the time of receiueing 
such Ordinary accomodacons but in case default of p r sent pay 
in such Coyne be made th' then all such fees & Ordinary debts 
as aforesaid shall be paid in Tobacoe as the same vsually 
before the makeing of this Act was paid & satisfied This Act 
to continue & be of force mediately after the end of this p r sent 
Sessions of Assembly provided th' this Act nor any thing 
herein conteyned shall any wise Extend to protested bills of 
Exchange in any respect whatsoever this Act to endure for 
three yeares or to the end of the next gen r all Assembly. 

Priuate Acts past 

An Act for Naturalizacon of derick Browne 

An Act for Naturalizacon of Paul Berte and Mary his Wife 

Therefore we comand you that these Lawes & every Article 
in them conteyned at the vsuall places in yo r County you 
cause to be Proclaimed & Published & firmely to be kept 
Giuen at S' Maries the 19 th day of Novemb r in the Eleventh 
yeare of his said Lopps dominion &c. Annoq dom. 1686 
Vnder o r great seale of o r said Province of Maryland Witness 
o r trusty & well beloued Henry Darnall Esq Keep r of the 
great seale of o r said Province &c. 

Henry Darnall Keep r 



PROCEEDINGS AND ACTS 

OF THE 

GENERAL ASSEMBLY 
OE MARYLAND, 

At a session held at St. Mary's, November i ^—December 8, 1 688. 

CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

WILLIAM JOSEPH, 
President of the Council. 



THE UPPER HOUSE OF ASSEMBLY. 



At a General Assembly of this Province by Proclamation Lib. w. h. 
Dated the 3 d Day of October Anno 1685 Called to Sit at S l p " 54<5 - 
Marys the last Tuesday in March 1686 and from thence by 
Proclamation Dated 5 th Day of March prorogued to the last 
Tuesday in October 1686 and from thence by Proclama- 
tion dated the 26th Day of October 1686 prorogued to the 
27th Day of October 1686 aforesaid at which said 27th Day 
of October the said Assembly Sat untill the 19th Day of 
November 1686 and then was Adjourned untill the last Tues- 
day in May 1687 and by Proclamation Dated the 8th Day of 
March 1686 Prorogued till the first Tuesday in November 
1687 and by Proclamation Dated the 21 st Day of September 
1687 Prorogued to the first Tuesday in October 1688 by 
Proclamation Dated the 6th Day of September last Prorogued 
to the first Tuesday in March 1689 but by Proclamation 
Dated the 6th Day of October last past Called and Conveened 
to Sit the 1 2th Day of November instant from thence by 
Proclamation Dated the said 12th Day of November pro- 
rogued to the 13th Day of the same Instant Month and the 
said 13th Instant the same was Prorogued to the 14th Day of 
the same Month at which said 14th Day of the same Month 
Anno One thousand six hundred Eighty and Eight in the 
thirteenth year of the Dominion of the Right Honourable 
Charles Lord Baron of Baltimore & c over this Province the 
said Generall Assembly was begun and held at the City of S' 
Maries where appeared of the Upper house — 

C William Joseph Esq r President "1 

^, , 11 ! Coll Henry Darnall 

I he honourable < ,„■ . NT . {. .1 c 11 r 

Major Nicholas bewail ( 

Clement Hill Esq r . | 

Coll Henry Jowles and M r James Round from the Lower 

house 8c acquaint this house that the Lower house were met 

and were ready to receive the Orders of this house — 

To which Message this house return for Answer that it is 

the desire of this house that the Lower house with their 

Speaker Come up to this house 

The Lower house with their Speaker enter this house and 

the Honourable the President spoke to them as followeth 

Gentlemen 

It cannot be (or at least I hope it is not) unknown to any 
the Members of this Honourable Assembly, That the unques- 
tionable Duty of every of Us in particular and of us all in 



148 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Generall Is that we first render thanks & praise to the 
Almighty for that it hath pleased the Divine Goodness thus 
to Bless us in this (I hope) so good and happy a meeting, nor 
p. 547 ought we to be Strangers to the End and Duty for which the 
Divine Providence hath Ordered us thus to meet, I say Provi- 
dence hath Ordered, for that there is no power but of God and 
the Power by which we are Assembled here is undoubtedly 
Derived from God, to the King, and from the King to his 
Excellency the Lord Proprietary and from his said Lordship 
to TJs, the power therefore whereof I speak being as said 
First In God and from God 
Secondly In the King and from the King 
Thirdly In his Lordship and from his Lordship 
Fourthly In Us, so the End and duty of, and for which 
this Assembly is now Called and met is that from those four 
heads to witt, 
of God ^ 
The King I 

Our Lord [ We Consider, and first 
and Selves J of Our Duty in Referrence to God 

That is to say that part of Our duty to God which properly 
Lyeth before us and that I humbly conceive Consists in the 
well Ordering- and making- of Good and wholesome Laws 
whereby to punish all publick and Scandalous Offences which 
shall at any time be Committed by the People of or within 
this Province against the Divine Majesty, But more especially 
I Commend to your Care the Utter Suppressing and Abolish- 
ing of the several hainous and habitual Crimes now most in 
Mode and use amongst the People as Drunkeness, Adultry, 
Swearing, Sabboth breaking &c. 

Drunkeness Gentlemen that beastly Sin (to the shame of 
the Guilty be it Spoken) is but too Common among the People 
of this Province to the utter Ruin not only of their souls, For 
that Drunkards shall not Inherit the Kingdom of God, But 
also of them their Children and families against whom God 
by his Prophet Isaiah pronounceth Woe Saying Woe to the 
Drunkards of Ephraim etc. Ought not we then to fear and 
tremble least God in like manner should (according to Our 
Deserts) Pronounce Woe to the Drunkards of Maryland it 
being Doubtless a Sin of all Sins the most Dangerous for not 
Content in itself it Strangely leads us into (almost) all manner 
of Sin and Vice depriving us not only of God but even of 
Ourselves, for it basely unmans us to that Degree that it 
makes us become greater Beasts than Beasts themselves, So 
Shamefull it is to see Doggs have more Sense than their 
Masters and horses more understanding than their Riders. 



Assembly Proceedings, Nov. i/^-Dec. 8, 1688. 149 

The Scriptures tell Us that the Drunkards shall Come to Lib. w. h. 
Poverty. If therefore the Drunkeness of one Man (as doubt- 
less it will) shall bring himself and family to ruine why then 
shall not Drunkeness, when it becomes the publick Sin of the 
People bring the whole Nation to Destruction as indeed it 
often doth, many Instances whereof I could produce of Divers 
Kingdoms and Nations that for Drunkeness have been pun- 
ished of God and given as a prey to their Enemies. There 
has (Gentlemen) been Severall good Statutes made in Eng- 
land against this Sin of Drunkeness but they have failed of 
their End the Reason whereof in my Opinion is because the 
Penalties inflicted by these Laws were not laid Severe enough 
Wherefore I hope it will become the Prudence of this Assem- 
bly so to Consider this so great an Evil as for the future no 
such disorders may be Committed to the End you may with 
Joel say Awake ye Drunkards and weep and howle &c. 

In like manner I recommend to your Care the utter Sup- 
pression of that most horrid and Damnable Sin of Adultry 
which in these days is grown to that height that with the P- 54§ 
Prophet we may Justly say the Land is full of Adulterers. 
This Sin (Gentlemen) in the old Law was (as I wish it were by 
Law now) made punishable by Death for it was Decreed that 
he that Committeth Adultery with his Neighbours Wife the 
Adulterer and the Adulteress shall surely be put to Death, 
and with reason for it not only brings Our Estates to Ruine 
as it is said that by means of a whorish Woman a Man is 
brought to a piece of bread but it also brings both body and 
Soul to Eternal Death for as to Drunkards it is said, That 
Adulterers shall not Inherit the Kingdom of God So abomin- 
able and Shamefull it is for Men Especially Married Men to 
keep whores as I hear some do not only abroad but even at 
home under their Wives Noses where the Strumpets rule and 
the Wives obey to the Scandall of all honest and good men 
wherefore I pray it may be taken into such Consideration as 
for the future such Villains may be Excluded from all humane 
or at least Christian Societys. 

As also I pray you may Consider duely of that most 
Abominable sin of Swearing which Doubtless Occasions many 
Judgments from heaven to light upon us for that because of 
Swearing the Land Mourneth. But fearing I may be mis- 
understood by Some I will before I proceed further Dis- 
tinguish between Lawfull and unlawfull Swearing, I say Law- 
full for that God himself hath sworn the oath which he sware 
to Our Father Abraham & c . By myself have I sworn saith 
the Lord, every one that Sweareth by him shall Glory, thou 
shalt fear the Lord thy God and shalt serve him and Swear 



150 Assembly Proceedings, Nov. 14-Dec. 8, 1688. 

Lib. w. h. by his Name, for when God made promise to Abraham be- 
cause he could Swear by no greater he Swore by himself, for 
Men verily Swear by the greater & an Oath for Confirmation 
is to them an End of all Strife so therefore the swearing which 
I Deem Lawfull is that which is Sworn in and for Justice 
Sake, for if all swearing were Sinfull God would not have 
Sworn by himself as he did nor should We be Commanded 
as we are to Swear by his name. But that swearing which by 
the Laws of God is forbid and against which I earnestly move 
this honourable Assembly is, that (but too) frequent Blas- 
pheming and taking the name of God in Vain upon every friv- 
olous and light occasion not in truth and Justice but in passion- 
ate huff and hector in fudling Shops and such like other places 
of Sottish behaviour as is also forbid that other most Dam- 
nable way of Swearing where under the Cloak of Justice and 
truth they swear the greatest falshoods to the often ruine of 
the People in their Lives and fortunes and this the Law Calls 
perjury and is indeed a Crime that We shall be answerable 
for before the Judgment Seat of God, if by making of whole- 
some Laws (whilst it is in Our power) we do not endeavour 
to Suppress so great and growing a Mischief, for that because 
of this Swearing the Land mourneth, and under it will also 
come into Consideration not only the perjury of false Wit- 
nesses at the Barr, and before Justice but also of false affidavit 
Swearers and Swearers of false Answers in Chancery, as also 
all false Jurors of both the Grand & petty Pannells who do 
not Act as they are Sworn to do nor proceed as they ought 
according to their Evidence the evil whereof will lye at Our 
Doors if as said We prevent it not. 
p. 549 The fourth thing mentioned under the first and greatest 
head of Duty towards God is that of breaking the Sabboth by 
labouring and doing work therein not of Necessity to be done 
as also by Idle spending and passing that Day in Drinking 
tipling Gaming &c. all which unchristian practices will (I hope) 
by the prudent care of this Assembly be prevented as will also 
I hope all other publick and Scandalous Crimes now most in 
mode amongst the People. Thus having in the first place 
gone through these things which relate to Our Duty in refer- 
ence to God, It will then become the Duty of this honourable 
Assembly to proceed on the Second part which is that we 
duely Consider of all such matters as by the Providence of 
God shali offer in Referrence to Our Sovereign Lord the 
King. 

Kings, Gentlemen, are the Lords Anointed and are by God 
appointed over us to Rule and (next under God) the King we 
are bound to fear and honour for that it is said fear thou the 



Assembly Proceedings, Nov. i/^-Dec. 8, 1688. 151 

Lord and the King, and again fear God and honour the King, Lib. w. h. 
for that a Divine Sentence is in the Lips of the King, and the 
King by Judgment Establisheth the Land, and his mouth 
Trangresseth not in Judgment, and the Kings Commands 
We are by the Laws of God bound to keep, for that it is said 
keep the Kings Commandm' and that in regard of the Oath 
of God, for whoso keepeth the Commandment of the king 
shall feel no evill thing. The King (Gentlemen) by his Order 
in Council bearing Date the fourth Day of November 1687 
hath required of Us that We with Virginia pass an Act pro- 
hibiting Bulk Tobacco to be Exported out of this Province 
& ca This Order (Gentlemen) should have been here Sooner, 
but by some neglect or other of the Clerks in England it came 
not to my Lords hands in time, so as to have been sent by the 
last years Shipping, But sooner or later the King is and ought 
to be Obeyed. Some perhaps will presume to question the 
Advantage or Disadvantage that may arise by passing of such 
an Act which is indeed unbecoming Subjects to call in Ques- 
tion the proceedings of the King, as if the good and Evill 
which thereby might or could arise were not fully and duely 
Considered of in England by the Kings most honourable 
Council from whom and by whose Advice that Order did pro- 
ceed, But such is the Leven of Some, as always to treate with 
dislike the best of things even proceeding from the best of 
Kings, & best of Governments, and that for no other reason 
but because it Came from the King. 

Gentlemen I hope the ill advised proceedings of a late 
Neighbouring Assembly on this Occasion will be no president 
or of force to weigh with you But as Men of better principles 
you will shew that in Alleigance and Loyalty to your King 
you know better to obey. I say you will know better for that 
it is Obvious to every man of Sense that they were Strangers 
to their Duty in as much as they ought to know, that, Mercy 
and truth preserve the King, and that in the Light of the 
Kings Countinance is Life, and also that the Wrath of a King 
is as Messengers of Death and that he who so provoketh the 
King to Anger sinneth against his own Soul and who knows 
what Just Resentments the King may have of such as well 
Undutifull as Disloyall practices. 

Therefore Gentlemen I am of Opinion that if it will become 
as well the Duty as Allegiance of this Assembly to pass this 
Act so as it may not be Binding to the People of this Province 
till the same be also done and past in Virginia. And on other 
Terms the King desires it not for that it can be of no Advant- 
age to the King or people till the Same be Equally Concluded p. 550 
as well there as here, nor is the passing of this Act Recom- 



152 Assembly Proceedings, Nov. \^-Dec. 8, 1688. 

Lib. w. h. mended alone but also the Care of all other Matters (to the 
best of Our Skill and power) which any ways relate to his 
Majestys Service, for that such are his Lordships Express 
Commands to us. 

There is one thing yet remains upon which I will (before I 
conclude this Our Second part of Duty) move the Gentlemen 
of this honourable Assembly which is that an Anniversary Act 
may Unanimously pass of General Thanksgiving to Almighty 
God for the Infinite Blessing which God of his Goodness has 
been pleased to bestow on their Sacred Majesties their Sub- 
jects and Dominions in the Birth of so Noble and glorious a 
Prince to be held and kept holy throughout this Province on 
every Tenth Day of June during the whole Life of the Prince, 
which (God who of his mercy gave him) Grant may be long 
and happy, and to that intent with the Royal Prophet Joining 
Say, Give the King thy Judgments O God and thy Righteous- 
ness unto the Kings Son. 

The third part of End and Duty whereof I spoke is that 
which by the Blessing of God shall Occur in Referrence to his 
Excellency the Lord Proprietary of this Province 

Gentlemen I hope there are not any (in this present Generall 
Assembly) so Wicked as (by Machiavilian Principles) shall go 
about to divide the Interests of my Lord and his People which 
indeed are not two Interests but one for that whatsoever shall 
be for the Good and welfare of his People is also the undoubted 
Good and Welfare of my Lord whose Chief care and Study is 
to Encrease wealth and Ease to the Inhabitants of Maryland 
wherefore who ever shall endeavour to Divide the hearts of 
the People from my Lord, or my Lord from the People let 
him (by this Assembly) be Declared a Traitor to Our God, 
King, Lord and People. 

My Lord, Gentlemen desires nothing of us but that we pro- 
vide well for the People, for that by so doing we provide as 
well for my Lord as my Lord desires. 

He is not (Gentlemen) the Man that puts either the King 
or People to Charge of or for Government but is one that 
really endeavours to promote the Interests of both by all 
meanes to him possible tho there's nothing more certain then 
that his Lordship and his Lordships Ancestors of ever noble 
and happy Memory have with the Hazard of their lives Buried 
a vast Estate in the first Subduement and Since Continued 
Settlement of this Province to the Allegiance of Our Sov- 
ereign Lord the King, to a farr greater Value than the Profits 
of this Province do (or are like to do) or Amount unto ; nor 
is any thing more apparent, (then) if his Lordships Interests 
in America were to be disposed of that there's none would 



Assembly Proceedings, Nov. 14- Dec. 8, 1688. 153 

give (Considering the Charge of Government) the tenth part Lib. w. h. 
of what they cost, wherefore as my Lord of his part never did 
(as he never will) Burthen the People whereby to be Reim- 
bursed the said Charge so will it be an Act of the highest 
Ingratitude in the People if of their part they do not Justly 
and freely pay what is or of right ought to be my Lord's dues. 
But as your Care (Gentlemen) to Rectifie abuses (if any be) of 
this nature is no ways Doubted so I shall and do desist the 
further pressing of this Point to the Intent I may the sooner 
Come to the fourth and last Part of Our Duty which is — 

That you take all Due Care of Yourselves. 

That is to say of the People whose Representatives you are 
and this you cannot better do then by providing such good 
and wholesome Laws as shall in the first place Suppress all 
Publick Sin and Scandall as said in the first part of Duty 
towards God least for the Publick Sins of the People God 
should Inflict the whole province with Plagues and Judgments 
from Heaven, and next unto this your care will be to Study 
the Generall Good of the People as well by Deviseing as 
readily Complying with all such Acts as by the Blessing of 
God shall happen to be proposed in this Assembly which shall 
any ways tend to the security of right and reall Good of the 
People in General and herein all private and Self Interest is 
to be abhorred, so nationally concerned for the publick ought 
you and every of you to be unto all which I shall freely Con- 
tribute with all the faculties of a truely Willing heart & Mind; 
So God of his Mercy guide direct bless and prosper all your 
Good & faithfull undertakings Amen. 

Gentlemen I have one thing more to offer which is: First 
by way of Advice, that before you Begin to make Laws you 
do not begin to breake Laws and — 

Secondly by way of Demand, That you and every of you 
(as I for Example will) take the Oath of Fidelity to the Right 
Honourable the Lord Proprietary as the Law Directs which if 
any refuse to do the Government will according to that Law 
proceed, for if you Obey not the Laws that are made, who, 
think you, will obey the Laws that are to make? So God of 
his Mercy Direct you as before is prayed. 

Which Speech being Ended the Lower house departed to 
their own house. 

Then was the Oath of Fidelity Administred by the Hon- 
ourable Coll Henry Darnall to the Honourable William 
Joseph Esq r who having taken it Administred the Same Oath 
to the said Coll Darnall and Clement Hill Esq r with this 
Addition or Salvo ; of saving- their Allegiance to the King. 

Doctor John Brooke and M r Stephen Luffe from the Lower 
house with this Message Viz 1 



154 Assembly Proceedings, Nov. \\—Dec. 8, 1688. 

Lib. w. h. Lower house of Assembly 14 November 1688. 

This house according to the last Proclamation of the 13th 
of this Instant Novem r are met and called over and thereupon 
this house find by Report and Information of Some Members 
of this house that one of the members and Delegates of this 
house for S l Maries County Viz' M r Richard Gardiner and 
one Member for Charles County Viz 4 M r Tho s Burford are 
since the last Sessions of Assembly Departed this Life this 
house therefore pray the Upper house to enquire of his Lord- 
ship whether the Vacancies aforesaid are not Supplyed, if not 
that Writts of Election may issue according to the form of the 
Act of Assembly to Supply the Same 

Signed p r Order William Dent CI of the Lower house. 

The honourable Major Sewall Comes into this house and 
the President Administers to him the Oath of Fedelity with the 
Salvo of his Allegiance to the King 

Major Sewall goes to the Lower house with this Message 
Viz 1 

Upper house of Assembly 14th November 1688. 

This house do desire that the Lower house before they 
Enter upon Business would take the Oath of fidelity according 
to that part of the presidents Speech relating Thereunto and 
p. S5 2 according to the Promise of the Lower house in a Message of 
theirs of the 29th of October 1686. The Members of this 
house having taken the said Oath alreadye upon Notice from 
the Lower house that they are ready to take the said Oath 
this house will send a Member of the Same to Administer the 
said Oath as the Law Directs 

Signed p r Order Tho s Grunwin CI of Assembly. 

Major Sewall returns having Delivered his Message. 
M r George Lingan and M r Stephen Luffe from the Lower 
house with this Message following. 

Lower house the 14th November 1688. 
This house have perused and Considered of their Message 
of the 29th of Octob r 1686 and cannot therein find that this 
house made any such Promise as in the Message by the 
honourable Major Sewall is Intimated, This house did then 
* and Still do say that they always shall Manifest their Fidelity 
to his Lordship, and the reason this house then gave for not 
making any Declaration thereof according to the Act of 
Assembly was because the same was not proposed in due 
time which reasons still remain (this being the Same Assembly) 
and therefore this house Conceives the same Answer may be 
Satisfactory to the Upper house now as it was then 

Signed p r Order William Dent CI of the Lower house. 



Assembly Proceedings, Nov. i^—Dec. 8, 1688. 155 

Ordered that a Message in Answer to the foregoing Message Lib. w. h. 
be sent but before the same was prepared the Lower was 
Adjourned. 

This house Adjourned till to Morrow Morning 8 of the 
Clock. 

The 15th Day of November 1688 the Upper house sat 

again 

Present. 

"] William Joseph Esq r 

-r U 1 ui Coll Henry Darnall 

Ihe honourable y ,«■ . M . / , ,, 
j Major Nicholas bewail 

J Clement Hill Esq r 

Clement Hill Esq r went to the Lower house with the 
Message he was to have gone withall last night which follows 

Upper house 14th November 1688. 
This house have Considered of the Message by M r Lingan 
and M r Luffe relateing to the Oath of fidelity and they do find 
that the Chief reason why the said Oath was not taken the 
last Sessions of Assembly was because the said Oath was not 
proposed to them in due time before they had Entered upon 
the Affairs of their house therefore this house did resolve in 
this Sessions to send to the Lower house early and before 
they Entered upon other Business, But find by the said Mes- 
sage of the Lower house sent by the said M r Lingan and M r 
Luffe that neither is it now proposed in due time for that this 
is still the same Assembly, But upon the whole matter for 
Answer this house does Say that although this be the same 
Assembly yet it is not the same Sessions and the Laws says it 
ought to be taken at any time whensoever required by the 
Chief Governor or Governors or whom they shall appoint, and 
the Government by this house doth propose the said Oath to 
the Lower house to be taken by the Members thereof before 
any other Business be Entered upon, and Besides it was his 
Lordships Pleasure to declare at the Ending of the Session of p- 553 
Assembly in April 1684 in the prsence of both houses That 
every Member of Assembly for the future should before they 
be Admitted to Sit take the Oath of fidelity to his Lordship ; 
this house therefore do hope that the Lower house will not 
refuse so legall and reasonable a Proposition, and this house 
neither can nor will Deviate from the Law and his Lordships 
Order made therein as aforesaid. This house therefore desire 
the speedy Concurrence of the Lower house in this particular 
hoping that those that ought to be Conservers of the Law will 
be no breakers thereof. 

Signed p r Order Tho: Grunwin CI of Assembly. 



156 Assembly Proceedings, Nov. \\—Dec. 8, 1688. 

Lib. w. h. M r Clement Hill returns and Says he has delivered the 
aforesaid Message 

From the Lower house of Assembly Came Coll Jowles, M r 
Underwood, M r Leiffe and M r Round and Coll Jowles desired 
of the Secretaries that the Lower house might have the Jour- 
nals of the Lower house from time to time ever since his Lord- 
ships Dominion over this Province and they Bring with them 
those two following Messages 

Lower house of Assembly 15th November 1688. 
This house desire an Answer to their first Message yester- 
day sent by M r Brooke and M r Luffe relating to the Election 
of Some Delegates that this house may proceed to Settle the 
same for that this house cannot proceed till Satisfaction therein 
be given. 

Signed p r Order William Dent CI of the Lower house 

Lower house 15th November 1688. 
This house have Considered of the Message this Day 
brought hither by the honourable Clement Hill Esq r to which 
they return Answer (with the former protestation of their 
Constant fidelity to his Lordship) that they cannot find nor do 
know of any Law of this Province nor any president of former 
times or former Assemblies that any such Oath was ever 
Imposed upon the Lower house of Assembly as they were the 
Representative Body of the Province, But if the Upper house 
know or have any Law Imposing such Oath upon this house 
they are desired to Communicate the Same. 

Signed p r Order William Dent CI of the Lower house. 

Major Sewall goes to the Lower house with this Message 
Viz' 

Upper house 15th November 1688. 
Upon the last Message from the Lower house by Coll 
Jowles and others about the taking the Oath of Fidelity This 
house do say that they Conceive the Lower house Mistakes 
the intent and meaning of this house in the aforesaid Matter 
for this house does not as an upper house propose this Oath 
neither is it proposed to the Lower house as they are a Lower 
house But to every individuall Gentleman that now are here 
Assembled together, That they take it as they are Inhabitants 
and Residents of and in this Province and no otherwise, This 
house does heartily require the Lower house's Concurrence 
with them in this; Assureing the Lower house that this house 
will not proceed to any Business until Complyance in this 
Matter. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 157 

Major Sewall returns having Delivered the said Message Lib. w. h. 
Viz' Signed & c M r George Robotham, Doctor Brookes, 
M r Harris & M r Henry Hawkins with this Message Viz' 

Lower house of Assembly 15th November 1688. 

Upon reading the Message of the Upper house Dated the 
14 & 15 of November Instant in Answer to them say that this p- 554 
house is very Sorry that the upper house has Conceived so 
bad an Opinion of the Lower house as though they had for- 
gotten their Duty or been unfaithfull to his Lordship and his 
Government but this house do protest that they are and will 
be always ready and willing to the uttermost of their power 
to yeild a faire and ready Complyance in all Matters relating 
to the honour of his Lordship and Wellfare of the People that 
it may in no ways Intrench upon the Priviledges of this house 
believeing it to be one Especiall point of their Duty to leave to 
their Posterity what themselves have received and hope to 
Enjoy, and whereas the said Message of the 15th of November 
Instant is Concerning the Oath of fidelity 

Resolved by this house that they are not Impowered to Act 
with his Lordship or Upper house of Assembly in any other 
Qualification or under any other Denomination then as the 
Representatives of the Freemen in this Province in the 
Assembly. 

That this house will still Comply with the desires of the 
Upper house in a Message from the Upper house dated the 
14th of this Instant November and with their Answer to the 
Same of this Days date that they are willing to take the 
afores d Oath of fidelity when the Upper house please to let 
this house know of any Act of Assembly Imposing the said 
Oath upon the Lower house of Assembly. 

That this house is unwilling to be assured that the Upper 
house will proceed no further in any Business till the farther 
Complyance of this house as to the Oath of fidelity as in the 
Latter part of the Message dated this Day as aforesaid. And 
that the Upper house be desired to proceed to the Dispatch 
of such Business for which this Assembly was Conveened. 
Signed -p Order William Dent CI of the Lower house. 

The Upper house Adjourned till to Morrow Morning 8 a 
Clock. 

The Sixteenth Day of November 1688. 

The Upper house mett again present as yesterday And M r 
Clement Hill goes with a Message to the Lower house which 
is as followeth 



158 Assembly Proceedings, Nov. i\-Dec. 8, 1 

Lib - w. h. Upper house 16th November 1688. 

This house do desire that the Lower house with their 
Speaker and Clerk forthwith Attend this house. 

Signed p r Order Tho: Grunwin CI of Assembly. 

He returns and Says he has delivered the Same. 

M r George Robotham from the Lower house and desires of 
M r Secretary Sewall the Journalls that they formerly requested 
in their Verball Message by Coll Jowles and others of the 15th 
Instant 

M r Joseph Pile, Coll Jowles, M r Robotham & Doctor Brooks 
from the Lower house with this Message. 

Lower house 16th November 1688. 
In Answer to the Message this Day brought here by the 
Honourable Clement Hill Esq r this house say that this house 
cannot without great Irregularity and breach of their Privi- 
p- 55s ledges Attend the Upper house as is desired, But if his Lord- 
ship be in the Upper house and Command the Attendance of 
this house they will readily Obey his Lordship 

Signed p r Order William Dent CI of the Lower house. 

The following Message Sent by M r Secretary Sewall to the 
Lower house 

Upper house 16th November 1688. 
In Answer to the last Irregular and unparliamentary paper 
brought to this house by Captain Joseph Pile, Coll Jowles, M r 
Robotham, and Doctor Brookes, This house desires to know 
by what Authority the Lower house does sitt and receive 
Messages from this house If the Lord Proprietary be not by 
his power now and at all times present in this his Upper 
house of Assembly, wherefore this house require the Lower 
house with their Speaker and Clerk forthwith to Attend this 
house without further Message or Delay 

Signed -p r Order Tho: Grunwin CI of Assembly. 

Major Sewall returns having Delivered his Message. 
M r Henry Hawkins, Cap' Pile, M r Underwood Doctor 
Brooke M r Harris and Captain Coode with this Message Viz' 

Lower house of Assembly 16th November 1688. 
This house think not their last Message Irregular or Unpar- 
liamentary in that, That if his Lordship Command them to 
Attend him in his Upper house they are willing and ready so 
to do But they dare not upon their Fidelity to own or accept 
any other power under any other Denomination than what his 



Assembly Proceedings, Nov. \t\-Dec. 8, 1688. 159 

Lordship by his Writts of Election hath been pleased to Lib- w. h. 
Express this house being no ways under the Jurisdiction of 
any Upper house of Assembly, this house still protesting their 
readiness to Attend his Lordship either in his Upper house or 
elsewhere when by his Lordship or his Representatives the 
Deputy Governors thereunto Commanded 

Signed p r Order William Dent CI of the Lower house. 

Clement Hill Esq r goes to the Lower house with the follow- 
ing Message. 

Upper house of Assembly 16th November 1688. 
This house have already given the Lower house to under- 
stand that his Lordship the Lord Proprietary is always present 
in his Upper house of Assembly, and this house do once more 
therefore desire that the Lower house their Speaker and Clerk 
do forthwith Attend his Lordship in this his Upper house of 
Assembly. 

Signed p r Order Thomas Grunwin CI of Assembly. 

The said M r Clement Hill returns having Delivered his 
Message 

The Speaker & the Members of the Lower house with their 
Clerk Enters this House. 

M r President Spoke to them to the Effect following 

Gentlemen We did not think to meet such unexpected Dis- 
turbances, the Occasion that We sent for you was upon 
Account of the Oath of Fidelity, wherein I am Commanded to 
tell you That Fidelity is Allegiance which by the Laws of Eng- 
land may be proposed even to the house of Commons in Par- 
liament Sitting, and the refusers are Excluded from being 
Members or having any Vote in Parliament, as if they never 
had bin Elected, and by the Laws of this Province if you be 
within the Province you are bound to take the Oath of fidelity 
to the Right honble the Lord Proprietary under pain of Ban- p. 556 
ishment fine and Imprisonment at the Discretion of the Gov- 
ernment; And further I am to tell you that the refusing Alle- 
giance implyes Rebellion, And that you have no Priviledge to 
break Contemn or disobey Laws, wherefore you are desired 
to return to your house and Consider of it for that the Gov- 
ernment will not permitt this house to proceed to any Busi- 
ness whatsoever till you Satisfie the Law & Governm' in this 
point for by how much the more you refuse Allegiance by so 
much the more the Government have Cause to Suspect your 
Loyalty. So God of his Mercy direct you. 



160 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Which Speech being Ended the Speaker with the Members 
of the Lower house and their Clerk return again to their own 
house. 

M r Henry Hawkins from the Lower house & Delivers this 
Message 

Lower house of Assembly 16 November 1688 
This house pray the Upper house to Send them a Coppy 
of the Speech this Day made to the them by the honourable 
President in the Upper house That this house may Consider 
of the Same. 

Signed p r Order William Dent CI of the Lower house. 

The same sent to them by Major Sewall who returns and 
says the Lower house are Adjourned. 

This house Adjourned till to Morrow Morning 8 of the 
Clock 



The 17th of November 1688. The Upper house sat again 

Present 

"I William Joseph Esq j 

^, , ui Coll Henry Darnall ' 

ihe honourable )■ ,, . NT . I , c ,, 
{ Major Nicholas bewail 

J Clement Hill Esq r 

Major Sewall goes again with a Copy of the Presidents 
Speech about the Oath of fidelity, he returns and Says he has 
delivered the Same. 

The following Message Sent by M r Clement Hill to the 
Lower house Viz 1 

Upper house of Assembly 17 November 1688. 
This house Supposing that the Lower house do still lye. 
under some mistake in the Matter of proposing the Oath of 
fidelity, This house do therefore further and again Explaine 
themselves and say as they did in their Message by M r Sec ry 
Sewall of the 15 th Instant that the said Oath is not proposed 
by the Upper house as an Upper house nor to them as a 
Lower house But this Oath is proposed by the Dep ty Gover- 
nors to both houses as they are Resident & in being within 
this Province unto which this house have already Complyed, 
and further say that if the Lower house can Contrive a way 
whereby the said Oath may be taken by every Individual 
Member of both houses as it must be before Business can be 
Entred upon, that this house is ready to Join with them therein. 
Signed p r Order Tho: Grunwin CI of Assembly. 



Assembly Proceedings, Nov. \^-Dec. 8, 1688. 161 

The said M r Clement Hill returns and says that meeting Lib. w. h. 
the Speaker near the Door he askt M r Hill if he was Come to 
the Lower house with a Message from the Upper house who 
told him he was, Whereupon the Speaker desired his Excuse 
that they were not in a Capacity to receive any Message being 
resolved into a Grand Committee. 

Captain Joseph Pile and M r John Stone from the Lower p. 557 
house and says the Lower house are now ready to receive any 
Message from this house. 

Clement Hill Esq r with the aforesaid Message goes again 
and returns having Delivered the Same. 

Captain Richard Hill Coll Jowles,M r Robotham, M r Brooke, 
M r Lingan & M r Pile with this Message from the Lower 
house. 

Lower house of Assembly 17 November 1688. 

This house as is their Bounden duty have Attended his 
Lordships Commands in both Upper and Lower houses of 
Assembly and do declare that it is their Duty to Express their 
fidelity to his Lordship and do not know of any one Individuall 
Member of this house that directly or indirectly refuses so to 
doe or that hath in any wise Either within this house or out of 
the Same used any Speech to the Contrary for should this 
house be made Sensible of any Such or other Misbehaviour 
by any Member thereof this house by Virtue of the Power and 
Authority in them Inherent would proceed against every such 
Person and Severely punish the Same, But having no knowl- 
edge Neither of that nor any other unreverent or undutifull 
Deportment in any of their said Members whereby to give 
any Offence Cannot but highly resent Divers words and 
Expressions Contained in a Speech made to them by the 
honourable the President in his Lordships Upper house of 
Assembly and are very sorry that such unusuall and such 
unjust proceedings should be Imposed upon them which this 
house thinks is prejudiciall to the power Authority Validity 
and priviledges of the Same. Therefore — 

I st Resolved that this house to their great grief and trouble 
have met not only with Unexpected but unreasonable and 
unjust Disturbances, But as by the Journall of this house, this 
house is in no wise guilty of the Same. 

2 d Resolved that there is a great Difference between the 
Oath of fidelity and Allegiance Either of which or both we 
have and are always willing to take according to Law. 

3 d That what Oath is or has been proposed to the house 
of Commons in Parliam' in the Kingdom of England was 
never proposed and Consequently never refused by the Lower 
house of Assembly in Maryland. 



1 62 Assembly Proceedings, Nov. i^-Dec. 8, 1688. 

Lib. w. h. 4th That we have been and Still are as by Our former 
Messages willing and ready to take the Oath of fidelity accord- 
ing to Law not for fear of the Penalties Intimated in what was 
Spoken by the President But as it is Our duty and the naturall 
& direct Result of Our Affection. 

5 th That that word Rebellion ought not to be in any 
Message from the Upper house to the Lower house unless 
accompanied with an Impeachment against the Person or 
Persons that are guilty 

6th. That this house,- neither do nor did pretend to have 
any Priviledge to breake or Disobey the Law but do in the 
name of the whole Province which we Represent Demand the 
Benefit of the Laws of England and of this Province as our 
Inherent & Just right which we have hitherto been deprived 
of in not having the last Writts of Election and Journalls 
returned as desired by this house. 
p- 55 8 7th That this house knows not how to Satisfie the Law 
and Government in the Business of the Oath of fidelity other- 
ways or better than they have done already. 

Signed p r Order William Dent CI of the Lower house. 

Clement Hill Esq r goes to the Lower house with this 
Message. 

Upper house of Assembly 17th November 1688. 
This house do desire that the Lower house their Speaker 
and Clerk do forthwith attend his Lordship in his Upper 
house of Assembly. 

Signed p 1 Order Tho: Grunwin CI of Assembly. 

Coll Jowles, M r Harris, M r Hawkins and M r John Stone 
with this Message or Resolve. 

Lower house of Assembly 17 Novem r 1688. 
Resolve in this house Nemine Contradicente, That the 
Resolve of the Upper house this Day sent here by the honour- 
able Clement Hill Esq r not to proceed any further in Business 
with this house being before they had desired a Conferrence 
is against the Priviledges of this house and Unparliamentary. 
Signed p 1 Order William Dent CI of the Lower house. 

The Lower house with their Speaker and Clerk Enter this 
house the President Speaks to them as followeth. 

Gentlemen 

I am Sorry to find such unhappy Misunderstandings as 
hitherto has happened between both houses to the Impeding 
and hindering the great Good Intended by this present Meet- 



Assembly Proceedings, Nov. i/^-Dec. 8, 1688. 16 



o 



ing ; Wherefore I do in behalf of myself and the rest of the Lib. w. h. 
Dep^ Lieutenants Prorogue this present Assembly untill the 
19th Day of this present Month of November; And the same 
is hereby accordingly Prorogued ; And so ended this present 
Sessions of Assembly. 

Memorandum that immediately after the said Prorogation 
the Honourable the President required M r Cheseldyne the 
Speaker and the rest of the Members to take the Oath of 
fidelity to the Right Hon ble the Lord Proprietary as the Law 
directs which after some Debates the said Speaker and the 
rest of the Members did accordingly all take Except Thomas 
Thurston a Quaker who desired to be dispensed with in 
Regard of his Opinion, To which the President readily Com- 
plyed. 

Journall of the Upper house of Assembly by Prorogation p. 559 
the 17th Day of this Instant Month of November Pro- 
rogued to this present 19th Day of November at which said 
19th Day of November Anno 1688 were present of the Upper 
house 

[ William Joseph Esq r 

-r, 1 , , ! Coll Henry Darnall 

lhe honourable^ ,, . XT . 1 , c ,, 
J Major Nicholas bewail 

[_ Clement Hill Esq r 

M r Anthony Underwood and M r William Harris two of the 
Members of the Lower house to acquaint this house that the 
Speaker and the rest of the Members are ready to attend this 
house, And were Answered that this house will give Notice 
when they are ready. 

Clement Hill Esq r goes to M r Beales to acquaint the Speaker 
and the rest of the Members that this house is ready, and 
desired them to Attend. He returns having Delivered his 
Message. 

o 

The Speaker and the Members of the Lower house Enter 
this house 

The President Speaks to them as followeth. 

Gentlemen 

The Law and Government being now Satisfied in the point 
of fidelity I am to tell you that the reasons for calling you at 
this time are the same with those Delivered you in my Speech 
to both houses of Assembly on Wednesday the 14th of this 
Instant November, a true Coppy whereof I herewith deliver to 
the End the same may be duely Considered for the whole 
Business you are to go upon is therein Divided under these 
four heads to witt, of God, the King, Our Lord, and Selves, 



164 Assembly Proceedings, Nov. i^-Dec. 8, 1688. 

Lib. w. h. And if what relates to Our Duty in Referrence to these four 
be duely Disgested and passed accordingly into Law, I Doubt 
not thereby but you will gain blessings from Heaven favour 
from your Prince Love from your Lord and thanks everlast- 
ing from the People, And further I am to assure you, that it 
will be your faults, not Ours, if this proves not the most 
famous the most happy and most renowned Assembly that 
ever yet sat in Maryland, So God of his Mercy bless and 
prosper all your Good Intents. Amen 

The Speech being Ended the Speaker and Members return 
to their own house 

M r Robotham and Doctor Brookes & desire the Journals 
since his Lordships Dominion over this Province and the 
Book of Laws & brings this Message. 

Lower house 19th November 1688. 
This house desire the Upper house to send the last Writts 
of Elections for Charles and S l Maries County of M r Coad 
and M r Hawkins to this house. 

Signed p r Order William Dent CI of the Lower house. 

M r Clement Hill goes to the Lower house and Carries with 
him the returns of the Elections of M r Hawkins and M r Coode 
which this house takes to be the meaning of the last Message 
by M r Robotham and Doctor Brookes, the said M r Hill to 
acquaint the Lower house that they shall suddenly have all 
the Journals to be found since his Lordships Dominion ; he 
returns and Says he has Delivered his Message. 

M r Sec ry Sewall goes to the Lower house with the Book of 
p- 5 6 ° Laws & the Journals required by the Lower house, he returns 
and Says he has delivered the same 

Ordered that a Letter be Writt to Coll Digges and another 
to Coll Pye to Summons them to this house which were as 
followeth 

S' Maries 19th November 1688. 
Coll Digges 

We have long Since Expected your Company here in his 
Lordships Upper house of Assembly But now there is every 
hour more and more occasion for your Assistance It is very 
much to his Lordships prejudice as also his People that Busi- 
ness goes so slowly on for We cannot Join in Committee with 
the Members of the Lower house in any Business till fortified 
with more Company We being in Number no more then what 
are the Subscribers hereunto you are therefore immediately 
upon Sight hereof to repair to and appear in this his Lordships 



Assembly Proceedings, Nov. i^-Dec. 8, 1688. 165 

said upper house of Assembly, that his Lordships and the Lib. w. h. 
Countrys Business be no longer Impeded. 

So We Subscribe S r Your very Loving Friends, 
To the Honourable William Digges William Joseph 

in Charles County or else where Henry Darnall 

The same to Coll Pye Nicholas Sewall 

Clement Hill. 

M r Doyne you being Ordered to press horse and Man, to 
Carry a Letter to Coll Digges and another to Coll Pye for the 
quicker dispatch power is hereby granted to those you send 
by the Upper house of Assembly to press horse or horses in 
the af d Journey Going or Coming. 

Signed -p r Order Tho: Grunwin CI of Assembly . 

M r James Round to acquaint this house that the Lower 
house are Adjourned 

This house Adjourned till to Morrow Morning 8 a Clock. 

The 20th day of November 1688. 

The Upper house mett again 

Present 

f William Joseph Esq r 

^r, , ui Coll Henry Darnall 

The honourable <j Majr ^^ Se ^ 

[^ Clement Hill Esq r 

M r George Lingan, M r Hawkins, & M r Harris with this 
Message 

Lower house 20th November 1688. 

Upon calling over the Members of this house there is found 
Missing M r Daniel Clarke of Dorchester County who is Dele- 
gate for the said County and being Informed by some Mem- 
bers there that the said Clarke is detained from his Attend- 
ance here by a occasion of a Warrant from the County 
Commissioners of Dorchester County being in Pursuance of 
an Order to them from the honourable the President and Coll 
Darnall, therefore the Upper house is desired to Enquire of 
their honours for what matter and Cause their said Member is 
detained that this house may be Able to Judge whether the 
said member be not Detained against the Rights and Privi- 
leges thereof and that the Upper house will Signifie their 
honours answer to this house 

Signed "p r Order William Dent CI of the Lower house 

Major Nicholas Sewall goes with this Message in Answer 
to the last. 



1 66 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Upper house of Assembly 20 Novem r 1688. 

p- s 6 ' This house upon the last Message Concerning M r Daniel 
Clarke brought by M r Lingan M r Hawkins and M r Harris do 
say that according to the said Message they have enquired of 
his honour the President and Coll Darnall of the Matter who 
for answer say that they know Nothing of the said Clarkes 
Detainment or whether he be detained or not but do say that 
on the 30th of October last Petition and Complaint was made 
to their honours by the Wife of the said Clerk of divers Inhu- 
mane Usages and beastly Crimes Acted and Committed by 
her said Husband ; which whole matter was by their honours 
Transmitted and referred to the Justices of the Peace for Dor- 
chester County to be by them further Examined as by the 
Copy of their Letter to the said Justices herewith sent it doth 
and may Appear and further their Hon rs know not 

Signed p r Order Tho: Grunwin CI of Assembly 

Major Sewall returns and says he has delivered his Message 

D r Brookes from the Lower house and says that the Lower 
house does desire to know whether this house have any Busi- 
ness for the Lower house, and was Answered that this house 
were preparing Business but that the same will not be ready 
this night. 

Clement Hill Esq r goes to the Lower house and to know if 
the Lower house has any thing to Communicate to this house 
to night, if not this house will Adjourn. 

he returns and Says the Lower house have not further to 
Communicate this Night 

This house Adjourned till to Morrow Morning 8 a Clock. 

The 21th November 1688 

The Upper house Sat again 

Present 

f M r William Joseph ^ 

™. , ii! Coll Henry Darnall j 

1 he honourable < A/ r . KT . / , c n > 

j Major Nicholas Sewall j 

[_ Clement Hill Esq r J 

Coll Edward Pye then came into this house who desired he 
might be Excused for his Absence from this house hitherto by 
reason as he Affirmed that he was so Afflicted with Sickness 
that he could not Attend this house as he would otherwise 
have done. 

The said Excuse Admitted and Allowed of. 

M r Robotham from the Lower house and desires that the 
last Proclamation Concerning Towns may be sent to the 



Assembly Proceedings, Nov. 14-Dec. 8, 1688. 167 

Lower house. The same promised and sent accordingly by Lib. w. h. 
M r Clement Hill who returnes and says he has Delivered the 
same. 

The following Message sent to the Lower house by Major 
Sewall & Coll Pye Viz 1 

Upper house of Assembly 21 November 1688. 
This house do desire that the Lower house would appoint 
Members of their own to Join with Member or Members of 
this house for the drawing up Bills against such Crimes as are 
Mentioned in the first part of the honourable Presidents 
Speech that the same may be Offered to the Consideration of 
both houses in Order to their being passed into Laws accord- 
ingly. 

Signed p r Order Tho s Grunwin CI of Assembly 

They return and say they have delivered their Message. 
M r Luffe and M r Stone from the Lower house & bring this 
Message Viz 1 

Lower house 21 November 1688. p. 562 

This house have already Appointed a Committee of Laws 
who are Just now going out upon their Charge and have 
Orders to Inspect the severall Laws of this Province made 
against the severall Crimes Mentioned in the first part of the 
honourable Presidents Speech and if their shall be found 
either by report of the Committee or any Member of this 
house that the same Laws be not Strict enough to punish the 
said Crimes Effectually then this house will be ready to Join 
Some Members of this house with the Upper house to Amend 
the Same as is desired by their last Message. 

Signed p r Order William Dent CI of the Lower house. 

M r Round & M r Lingan from the Lower house and desire 
the Statutes at large which were brought hither by M r Tull at 
the request of the President the same immediately Delivered 
to M r Round. 

M r Harris and M r Dare from the Lower house with the 
following Message Viz 1 

Lower house 21 November 1688. 
The last Sessions of Assembly in 1686 a certain Bill Enti- 
tuled an Act for securing the Real Estates of Orphans was 
read three times in the Lower house Assented to and Trans- 
mitted to the Upper house for their Assent ; To which the 
Upper house returned answer by a Message of the 17th of 
November 1686, That the said Bill was well designed but not 



1 68 Assembly Proceedings, Nov. \\-Dec. 8, i 

Lib. w. h. so effectually and well Worded in the Opinion of this house 
as it ought to be besides being Matter of great Import 
required more time to Consider of, than could then be 
Afforded and therefore was recommended to the Considera- 
tion of the next Assembly but the Upper house did not then 
return the said Bill again to this house Therefore the Upper 
house is humbly desired now to return the same the Sub- 
stance of it being of great Moment and worthy of Considera- 
tion in the Opinion of this house That so a Bill maybe drawn 
for that Purpose. 

Signed p r Order William Dent CI of the Lower house. 

The honourable Coll Pye goes to the Lower house with the 
Message following also he is to acquaint them That the Presi- 
dent and Coll Darnall desires the Copy of their Letter to the 
Commissioners of Dorchester County. 

Upper house of Assembly 21 Nov r 1688. 
The Message 

In Answer to the last Message of M r Harris and M r Dare 
relating to the Bill for securing the real Estates of Orphans 
this house do say That they have sent for the Clerk of that 
Assembly in Order to get the said Bill which shall be sent to 
the Lower house so soon as they can procure the Same. 

Signed p r Order Tho. Grunwin CI of Assembly 

The said Coll Pye returns and says he has delivered his 
Message both Verball and Litterall and the Lower house will 
send the Copy required. 

Doctor Brooke from the Lower house and brings the Copy 
of the Letter about M r Clarke sent to Commissioners of Dor- 
chester County. 

M r LLewellin the late Clerk of Assembly being sent for 
Appeared in this house, and the Bill past in the Lower house 
concerning the Securing the reall Estates of Orphans being 
askt of him, he goes out and brings the same into this house, 
the same sent down to the Lower house by M r Clement Hill 
and with this Message. 

P . 563 Upper house November 21 1688. ► 

This house desire the Lower house may Joyn some of their 
Members in a Committee with one or more of this house in 
Order to the drawing up a Bill for preventing the Exportation 
of Bulk Tobacco out of this Province as by Order of King and 
Council, a Copy whereof is herewith sent, it is required 

Signed p r Order Thomas Grunwin CI of Assembly. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 169 

He returns and says he has Delivered it Lib. w. h. 

Coll Jowles M r Lingan, M r Harris & Doctor Brook from the 
Lower house with the following Message Viz' 

Lower house of Assembly 21 November 1688. 

This house return the Upper house thanks for the Bill about 
Orphans Estates. 

They have also read the Letter Importing his Majesties 
Royal Pleasure to his Lordship Concerning Bulk Tobacco and 
the Message therewith brought by the honourable Clement 
Hill Esq r and return this answer that at this time Several of 
the Members of this house are out and in a Committee of 
Laws. 

That it is Voted in this house before any thing further be 
proceeded on as to the the Business of Bulk Tobacco the said 
Committee be called in and the same seriously Debated In 
pursuance of the aforesaid Vote this house will forthwith call 
in their said Committee, And of the Resolves of this house 
give the Upper house an Account, But because it is late they 
Conceive the same cannot be perfected to Night. 

Signed p r Order William Dent CI of the Lower house 

Coll Pye goes to the Lower house to know whether the 
Lower house have any thing further for this house to night if 
not this house will Adjourn, he returns and Says the Lower 
house have not any further to night 

This house Adjourn untill to Morrow Morning 8 of the 
Clock. 

The 22 November 1688 The Upper house Sat again 

Present 
{ William Joseph Esq r } Coll Edward Pye ] 
The honourable X Coll Henry Darnall V Clement Hill Esq r V 
( Major Nicholas Sewall ) } 

Then went the honourable M r Clement Hill & Major Nich- 
olas Sewall with this following Message & propositions to the 
Lower house Viz' 

Upper house of Assembly 22 November 1688. 
This house desire the Lower house to resolve with this 
house into a Grand Committee of both houses to Debate the 
only great and Undoubted Good of the People of this Province 
upon these following heads to witt 

I st To Encourage and Improve Husbandry 
2 d To promote the sowing of hemp and flax and Reviv- 
ing the Laws to that Effect or otherwise as shall be thought 
fitt 



170 Assembly Proceedings, Nov. \^.-Dec. 8, 1688. 

Lib. w. h. 3 d 'y To Encourage the making of Linnen and Woollen by 
Reviving the Laws with Amendments as shall be found Con- 
venient or most proper. 

4th To Encourage Tradesmen of all sorts to come and 
Inhabit the Towns & Carry on a Manufacture within this 
Province whereby we may be Supplyed within ourselves of 
p. 564 Necessaries fit and Convenient for the Support of Life fearing 
lest by Interruption of Trade abroad by Warr or otherwise the 
People should at any time perish for Want of Cloathing or 
otherwise. 

5th To the end that nothing may be wanting to make us 
happy care may be taken to give Life to the Money Act which 
hitherto has Layn dead for this Cause that the same is not 
Binding as well to the Lord as People. 

6th To Order so as that Money may be made the Standard 
and publick Measure of all Trade and Commerce within this 
Province 

Signed p r Order Tho: Grunwin CI of Assembly. 

The said Messengers return and Say they have Delivered 
the same 

Coll Iowles and M r Jones from the Lower house with this 
Message Viz' 

Lower house 22 November 1688. 
This house gratefully resent the Proposals of the Upper 
house in their last Message by the honourable Major Sewall 
and Clement Hill Esq r and are ready to Join in a Grand Com- 
mittee as desired leaving it to the Upper house to appoint any 
time after this Day for Entring upon the Same. 

Signed p r Order William Dent CI of the Lower house. 

Then was sent to the Lower house Coll Pye with this Mes- 
sage. 

Upper house 22 November 1688 

This house do return their thanks to the Lower house for 
their ready Concurrence to Join with this house in a Grand 
Committee of both houses as desired, This house do therefore 
Appoint nine a Clock to Morrow Morning at the Council 
Chamber where the house now sits to be the time and place of 
and for the said Grand Committee to meet and Debate the 
severall Matters mentioned in their said last Message by the 
honourable Major Sewall & Clement Hill Esq r 

Signed p r Order Tho: Grunwin CI of Assembly. 

Coll Pye returns and says he has Delivered the Message 
Major Sewall goes to the Lower house to acquaint them 
that if that house have not any thing further for this house to 



Assembly Proceedings, Nov. i^-Dec. 8, 1688. 171 

night, they are willing to Adjourn. He returns and says the Lib. w. h. 
Lower house shall have some thing ready for this house in half 
an hour. 

Coll Jowles, M r Lingan & M r Harris M r Brooke & M r Haw- 
kins and bring this following writing relating to Grievances 
Viz' 

To the honourable the Deputy Governors in the Upper 
house of Assembly. 

May it please your honours ; We the Delegates and Depu- 
ties of this present Generall Assembly do in the name of the 
Inhabitants and freemen of this Province Complain of Severall 
grievances and Burthens which we now feele and Lye under 
and desire redress and relief Accordingly Viz' 

Imp rs Whereas by an Act of Assembly Entituled an Act 
for raising and providing a Support for his Lordship the Lord 
Proprietary of this Province during his Natural Life & c Made 
at a Generall Assembly begun and held at the City of S' 
Maries in the Province of Maryland the 27th Day of March 
1 67 1 and by other Acts since made Confirming the same and 
now in force It was thereby Provided that his said Lordship 
his Receiver or Receivers Generall for the time being shall 
receive good sound Merchantable Tobacco for his said Lord- 
ships Rents and fines for Alienations of Lands reserved upon 
the Severall and Respective Grants of Land in this Province 
at the rate of Two pence per pound any thing in his said p. 565 
Lordships Grants to the Contrary Notwithstanding Never- 
theless his said Lordships Receivers and other Officers Ap- 
pointed Contrary to the said Law have and do under Colour 
of their said Offices not only refuse to receive Tobacco as by 
the said Law is Provided, But Exact Money Sterling to the 
great Agreivance and oppression of the Good People of this 
Province of which we humbly desire Address and Relief. 

2dly. Whereas the honourable the Secretary's of this 
Province do charge the People of this Province with Several 
fees which are not by Law due particularly in that for Record- 
ing Proceedings which they do take and Extort by way of 
Execution, the said fees being due and paid under another 
Denomination of which We humbly desire redress and Reliefe. 

3 dly Whereas it is provided in the Act for Advancement of 
Trade that the Right honble the Lord Proprietary should 
before the last day of August 1685 for the quick Dispatch of 
Shipps & c Appoint in Wicocomoco, S' Maries Patuxent and 
Ann Arundel for the Western side of this Province & in Talbot 
and Somerset Counties for the Eastern Shore Some fit Officer 
or Officers for the Entring and Clearing of Ships in the said 
Severall and respective places for want of which Trade has 



172 Assembly Proceedings, Nov. i/\.-Dec. 8, 1688. 

Lib. w. h. been Discouraged to the great Greivance of the Inhabitants 
of which they humbly desire redress and Relief. 

It being likewise very prejudicial to his Lordships Interest 
and Income 

4thly Whereas it is not only a great Agreivance to the 
Present Inhabitants of this Province But also of fatall Conse- 
quence to their Posterity, That Laws made & Assented unto 
by his Lordship and the People of Province should be dis- 
penced withall by any other Authority than by which they were 
first made, which we humbly desire to Know if his Lordship 
do intend to Annull that Clause of the Act about Bringing 
Tobacco to Towns without an Act of Repeale 

5 th Whereas the Attorney General has often presumed 
upon his own Authority as Attorney Generall to send out 
precepts Directed to the Severall Sheriffs Commanding them 
to bring the Bodys of Severall the Inhabitants of this Province 
to the Provincial Courts to Answer such things as should be 
Objected against them by which means severall of his Lord- 
ships Good People have been taken into the Custody of the 
severall Sheriffs and brought to the Provincial Court being 
altogether Ignorant of what should be laid to their Charge 
before they Come upon their Tryall Contrary to the funda- 
mentall and known Laws and to the great Agrievance & 
Unsupportable Charge and Damage of his Lordships Good 
People of which We humbly desire to be relieved. 

6thly Whereas it is a great Agreivance to the Inhabitants 
of this Province that any persons not Lawfully Empowered 
but only pretending a Power from some of his Lordships 
Militia Officers in time of Peace should as often they have 
done press and Violently take from severall of the said Inhab- 
itants the most part if not all their Store of Meat and other 
Provisions which should be for the Support and Relief of their 
Respective families the remaining part of the Year to the 
great Damage and oppression of the said Good People, of 
which We humbly desire to be relieved. 

7thly Whereas the Provincial Court being Adjourned to 
the last Tuesday in January next which is the Dead time of 
the year and the most perilous and incomodious time for the 
people to give their Attendance We conceive that it is a great 
Agrievance of which We humbly desire Redress, 
p. 566 8thly. That it is a great Greivance to the People of this 
Province for the Officers of Towns & Exact three pence 
Sterling or three pounds Tobacco p. hhd for any Tobacco 
whatsoever which is not Actually brought to the several 
Towns accord: to the Letter of the further Additionall Act to 
Act for Advancement of Trade and to the Supplementary Act 



Assembly Proceedings, Nov. 14-Dec. 8, 1688. 173 

to the Same Which we humbly desire your honours to take Lib. w. h. 
into your most Serious Consideration and that of the same we 
may have Redress and relief 

Signed p r Order William Dent CI of the Lower house 

M r Clement Hill goes to the Lower house with this Mes- 
sage Viz' 

Upper house of Assembly 22 November 1688. 
The answer of the Deputy Governors in the Upper house 
of Assembly to the Deputys and Delegates of this present 
General Assembly relating to their Remonstrance of Agriev- 
ances this Day delivered by Coll Jowles M r Lingan, M r Harris, 
M r Brooke & M r Hawkins say that they have perused their 
said Remonstrance, and whereas the same do Consist of 
Several heads and divers natures they cannot immediately so 
fully inspect the same as the severall matters therein Contained 
require, But say that due Consideration shall be had to every 
particular therein Mentioned and what ever shall appear to be 
Agrievance we the said Deputy Governors will take such care 
as the same shall accordingly be duely rectified 

Signed p r Order of & c 

M r Hill returns and says he has delivered his Message. 
This house Adjourns till to Morrow Morning 8 a Clock. 

The 23 d Day of November 1688. 
The Upper house met again. 

Present 
f William Joseph Esq r ~) Coll Edward Pye ] 
The honourable 1 Coll Henry Darnall V Clement Hill Esq r > 
(Major Nicholas Sewall I ) 

M r John Stone from the Lower house and tells this house 
that the Lower house are ready to Attend this house, and was 
Answered this house will send them word when ready. 

Major Sewall goes to the Lower house to tell them that this 
house is ready when they please to come, He returns and says 
he has delivered his Message and that they will waite upon 
this house immediately. 

The Speaker and the Lower house and their Clerk Enters 
this house and the Debate Began, And therein it was Voted — 

I st That Husbandry be encouraged 

2dly. That the Sowing of flax and hemp be encouraged 

3dly. That the making of Linnen & Woollen be encour- 
aged. 



174 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. 4thly. That Tradesmen be invited in and encouraged. 

5thly. That it is necessary that bringing in Money be 
encouraged 

6thly. That money be the Publick measure and standard 
of Trade and Dealing and all Contracts and Bargains. 

The Debate being Ended the Speaker and Lower house & c 
Clerk depart to their own house. 
P . 567 And this house Adjourns till to morrow Morning 8 a Clock 

The 24 November 1688 The Upper house mett again 

Present 
f William Joseph Esq r \ Major Nicholas Sewall 
The honourable I Coll Thomas Tailler \- Coll Edward Pye 
[ Coll Henry Darnall J Clement Hill Esq r 
M r Harris & M r Hawkins from the Lower house with this 
Message. 

Lower house of Assembly 24 November 1688. 
This house have Considered not only several things proposed 
to them by a Message from the Upper house relating to Bulk 
Tobacco but also of Several Propositions made to the Grand 
Committee yesterday in the Council Chamber In answer where- 
unto they say first that as to that of Bulk Tobacco they find 
by the Copy of the Letter sent to this house being from his 
Majesties Most honourable privy Council to the Right Honble 
the Lord Proprietary of this Province that there was some 
Petition preferred to his Majesty by some Merchants Owners 
Adventurers and Planters of Virginia & this Province praying 
such a Prohibition as was Intimated to this house at the 
Opening this present Sessions of Assembly, Therefore before 
this 'house can proceed to make any positive answer to the 
same or make any Resolve therein, They pray the Upper 
house to send a Copy of the said Petition (if they have it or 
can procure it) to this house that the reason for praying it may 
Appear, And as to Severall other things proposed to the 
Members of this house yesterday when Resolved into a Grand 
Committee ; They say that the same appears to them to be 
matter of great Moment and worthy of further Consideration, 
They therefore think it proper and Expedient not only to take 
further Consideration thereof but to Advise with those whom 
they Represent being of the like moment to them also Espe- 
cially that Relating to Money. 

Signed p r Order William Dent CI of the Low r house. 

M r Clement Hill goes to the Lower house with this Message. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 175 

Upper house of Assembly 24 November 1688. Lib. w. h. 

As to that part of the last Message by M r Harris and M r 
Hawkins that Related to the Petition about Bulk Tobacco, 
This house say that they have not any such Petition neither 
has the Government any such Petition sent them out of Eng- 
land or else where. If this house had the same or could tell 
where to procure it, they should be free to send as desired. 
Signed p r Order Tho: Grunwin CI of Assembly. 

He returns and says he has Delivered the same 
Coll Tailler and Coll Pye go with this Message. 

Upper house Assembly 24 November 1688. 
As to the other part of the last Message by M r Harris and 
M r Hawkins relating to the Debates of yesterday in the Grand 
Committee this house earnestly Desire That so Generall a 
Good as is thereby Designed may not dye by being Stifled for 
want of Air to give it Life, This house do therefore desire the 
Lower house Once more to Resolve with this house into a 
Grand Committee in Order to a further Debate about the 
Premisses ; To the End that all Objections may Unanimously 
be Agreed Especially in a Matter of such undoubted Advan- p. 568 
tage to the People of this Province 

Signed p r Order Thomas Grunwin CI of Assembly. 

They return and say they have delivered it 
Came from the Lower house M r John Stone & M r William 
Dare with this Message 

Lower house of Assembly 24 Nov r 1688. 
This house humbly pray the Honourable the Deputy Gov- 
ernors will be pleased to give an Answer to their Remon- 
strance of Agreivances as their honours have been pleased to 
promise Because their Committee of Laws who are now ready 
to go upon their Charge for want of such Answer cannot 
regularly proceed 

Signed p r Order William Dent CI of the Lower house. 

The honourable Major Sewall goes to the Lower house 
with this Answer to the before going Message Viz 1 

Upper house of Assembly 24 November 1688. 
This house do say in answer to the Message of the Lower 
house of this Day by M r Stone and M r Dare relating to the 
Remonstrance of Greivances, That this house have Applyed 
themselves to the Deputy Governors in this his Lordships 
Upper house of Assembly about the said Grievances, And for 
answer their Honours the Deputy Governors do say that 



176 Assembly Proceedings, Nov. i\-Dec. 8, 1688. 

Lib. w. h. whereas some of the members of the upper house are Con- 
cerned in the said Remonstrance of Greivances ; The Deputy 
Governors do therefore desire to hear both Parties and in 
Order thereunto this house is ready to resolve with the Lower 
house into a Grand Committee whereby to Debate the said 
matters in order to Rectify all abuses of that Nature for that 
the Deputy Governors do assure the Lower house, That they 
are ready to Suppress all such Matters as shall any way 
appear to be Agreivance to the People. 

Signed p r Order Tho. Grunwin CI of Assembly. 

Major Sewall returns & says he has delivered his Message 
Coll Pye goes to the Lower house to know if they have any 
further to Offer to this house to Night. He returns and says 
the Lower house will send to this house in half an hour. 

Dr. Brookes and M r Round from the Lower house with 
this Message 



& 



Lower house 24th October 1688. 
In answer to the last Message by the Honourable Coll 
Tailler & Coll Pye This house say that it was yesterday under- 
stood by the Members of this house when in a Grand Com- 
mittee that these severall Proposals then made were so 
Dependant one upon the other that unless the whole was 
Consented to all the rest would be ineffectuall to the End Pro- 
posed, And therefore this house upon Serious Consideration 
thereof finding some things therein of new Device to be of 
Deep Consequence to the Good People of this Province which 
according to the Custom of Parliaments in England have not 
been usually assented to till Advise with their Countrys; They 
did this Morning Signifie their desire of further time of Con- 
sideration and that they may Comunicate with those they 
here Represent, and therefore they say that as to the other 
proposals so farr as was yesterday Resolved on to witt that 
for Encouragement of husbandry and the Methods thereon 
Agreed, That for Sowing flax and hemp and the Methods 
p . 569 thereon agreed, That for the Encouragement of Tradesmen 
to come and Inhabit the Towns and the Methods thereon 
Agreed, they conceive the same will tend to the great good 
and benefit of this Province and therefore are willing and 
ready to have further Conference with the honourable the 
Upper house upon Monday next in Order to drawing up Bills 
for the same purposes. 

Signed p r Order Lower house William Dent CI. 

This house Adjourned till Monday Morning 8 a Clock. 



Assembly Proceedings, Nov. i\-Dec. 8, 1688. 177 

Monday the 26th November 1688 The Upper house Sat again Lib. w. h. 

Present 
T William Joseph Esq r \ Coll Edward Pye J 
The honourable^ Coll Henry Darnall V Clement Hill Esq r > 
( Coll William Digges) J 

M r Jones and M r Dare from the Lower house with this 
Message Viz 1 

Lower house of Assembly 26 November 1688. 
This house are met and ready to proceed upon the Affairs 
thereof in Order thereto desire the honourable the Upper 
house's Answer to their last Message on Saturday relating to 
Severall things proposed and resolved on in the last Grand 
Committee 

Signed -p r Order of the Lower house William Dent CI. 

Coll Pye and M r Hill goes to the Lower house with this 
Message Viz c 

Upper house Assembly 26 November 1688. 
In answer to the last Messages of Saturday the 24th Instant 
by M r Brookes and M r Round and of this Day by M r Jones & 
M r Dare This house do say that some of their Members are 
now Absent but will Imediately be here and that then this 
house will be ready according to their Message to the Lower 
house of the 24th Instant to resolve with the Lower house into 
a Grand Committee in order to a further Debate upon the 
Premisses treated of in the last Grand Committee and that 
this house will give Notice to the Lower house so soon as this 
house shall be ready. 

Signed p r Order Tho: Grunwin CI of Assembly. 

They return and say they have delivered their Message. 

M r Clement Hill goes to the Lower house to acquaint them 
this house is ready to receive the Lower house and to Resolve 
into a Grand Committee according to the last Message. He 
returns and says he has acquainted the Lower house as 
Ordered. 

Coll Tailler Enters this house. 

The Lower house with their Speaker and Clerk Enter this 
house and both houses Resolve into a Grand Committee and 
Enter upon the Debate which being Ended the Lower house 
go forth again. 

This House Adjourned till to Morrow Morning 8 a Clock 



178 Assembly Proceedings, Nov. i^-Dec. 8, 1688. 

Lib. w. h. The Upper house Sat again the 27th November 1688. 

Present 



1 



The honourable 



William Joseph Esq "1 Major Nicholas Sewall ~| 

Coll Thomas Tailler I Coll Edward Pye ! 

Coll Henry Darnall j Clement Hill Esq r j 

Coll William Digges J \ 



Came from the Lower house M r Henry Hawkins and M r 
William Dare & brought the fol: Message. 

p - 57 ° Lower house 26th November 1688. 

In Concurrence with what the honourable President was 
pleased to Offer Relating to the Remonstrance of Agrievances 
this house humbly Signifie to the honourable the Governors in 
the Upper house that this house are ready to Appoint some 
Members to manage the same as the said honourable Gov- 
ernors required and desire to know when their honours will 
be ready to hear the same 

Signed p r Order of the Lower house William Dent CI. 

Coll Digges and Major Sewall go to the Lower house with 
this Message 

Upper house of Assembly 27th November 1688. 
In Answer to the last Message from the Lower house of 
the 26th Instant by M r Hawkins and M r Dare relateing to the 
Remonstrance of Agreivances the honourable the Deputy 
Governors do say they are ready to hear and Determine the 
same when ever the Lower house by their Members appointed 
to Manage the same shall appear. 

Signed "p r Order Tho: Grunwin CI of Assembly. 

They return & say they have delivered their Message 
D r Brooke from the Lower house with M r Lines Account 
against Doctor Scurfield the same read and is as followeth 

April 2 d 1688. 

Account for D r Paul Scurfield for his Entertainment at my 
house 

Commencing the Day as above Mentioned. 
To his Dyet from the said April untill the 28th of this ^ 

Instant November 3 Meales p r Day at 1 2 lb per Meale > 8640 

Comes to J 

To Lodging for said Scurfield at 4 lb -per night 960 

To Dyet for a nurse to attend him said time Comes ) o fi . 

to the same as above ) 

To Lodging for the Nurse at 4 lb per Night 960 



Assembly Proceedings, Nov. \^-Dec. 8, 1688. 179 

To a pint of Cyder or other Liquor each morning the ^| Lib. w. h. 

Nurse had before went to dress D r Scurfield's \ 900 

Soares Comes to at 30 lb per Gallon j 

To the Nurse I pay her per the Courts Order of S' \ 

Maries County 300 lb Tob° per Month being Eight >■ 2400 

Months 



23700 



To 2 flock Beds Blankets and other Necessaries quite rotted 
and utterly Ruined and fitt for nothing by his lying in the 
same I leave to the honourable houses of Assembly to Allow 
me for them what they think Convenient. 

To four Sheets and a Table Cloath for Rowlers and Trusses 
had to dress his wounds 

May it please the honourable houses to well Consider the 
great trouble and Inconveniency that I have had with the 
abovesaid Doctor Scurfield and that I have only Charged for 
his Dyet and Lodging and the like for his nurse according as 
the Law Allows & Allow the same to your honours Petitioner 

Philip Lynes. 

This Account referred to the Committee of Accounts. 

The Petition of Thomas* Hagleton a Negroe against the 
Exec rs of Thomas Trueman read and Ordered that Execution 
issue as is prayed for the sum of 3496 lb Tobacco and 672 lb 
Cost of Petitioning the Upper house of Assembly. 

The following Message for appointing a Committee sent to p- 57' 
the Lower house by Coll Pye and M r Clement Hill Viz 1 

Upper house of Assembly 27 Nov r 1688 
This house desire the Lower house to Join some of their 
Members with the honourable Coll William Digges and 
Clement Hill Esq r Members of this house appointed to be of 
the Committee of Accounts whereby to Audite and agree the 
Publick Account of this Province for that this week will 
Conclude this Sessions. 

Signed p r Order Tho: Grunwin CI of Assembly 

Coll Pye and M r Hill returns and say they have delivered 
their Message 

Upper house of Assembly 27 Novem r 1688. 
This house desire the Lower house to prepare such Bills as 
shall be thought fitt for punishing the several enormous 
Crimes, of Drunkeness, Whoredom Swearing: Saboth break- 



180 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. ing &c. as also for Prohibiting the Exportation of Bulk 
Tobacco to which End this Assembly was partly Conveened. 
Signed p r Order Tho: Grunwin CI of Assembly. 

The said Message sent by Major Sewall who returns and 
says he has D d the same 

Upper house 27 November 1688 
This house taking into their Serious Consideration the 
great and most unsufferable Greivance which the Inhabitants 
of this Province Suffer by the Excessive Charge of Assemblies 
not so much for and in the Necessary Expence of the Mem- 
bers of Assembly But for and by reason of the Divers frauds 
that are often used and practiced by the Severall Ordinary 
Keepers in charging more to their Accounts than ever was 
Expended this house do therefore desire the Lower house to 
Join with this house in the further Consideration thereof 
whereby to Ease the People of this Province of the said 
Grievance by Limiting every member of future Assemblys to 
an Allowance of so much per Diem or otherwise as shall be 
thought fit. 

Signed p r Order Tho: Grunwin CI of Assembly. 

The same sent by Coll Digges and Coll Pye who returns 
having delivered the same. Coll Jowles and M r Lingan from 
the Lower house with this Message Viz' 

Lower house 27 November 1688. 
In Answer to the last Message by the honourable Coll 
Digges and Coll Pye this house say That they are now a pre- 
paring severall Bills and other things for the Consideration of 
the honourable Upper house and when those are out of hand 
they will Signifie the same and if the Upper house will please 
to Join some Members of this house in Committee to draw up 
a Bill for prevention of the Evils in the said Message Men- 
tioned. This house shall readily Concurr in any thing 
reasonable 

Signed p r Order of the Lower house William Dent CI. 

M r Clement Hill goes to the Lower house and acquaints 
them this house are ready to Adjourn if the Lower house have 
not further to Offer to this house to night, He returns and 
says the Lower house have not further to Night 

This house Adjourned till to Morrow 8 a Clock in the 
Morning 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 181 

The 28th Day of -November 1688. Lib. w. h. 

The house sat again 

Present p- 572. 

( William Joseph Esq r ^) Coll Edward Pye } 
The honourable ■< Coll Henry Darnall > Clement Hill Esq r V 
( Maj r Nicholas Sewall ) ) 

M r Clement Hill goes to the Lower house with the Petition 
about negroes Committing abuses in Charles County thus 
Endorsed by the Upper house. 

Upper house of Assembly 28th November 1688. 
This house do Concurr with the Lower house in their 
Opinion to remedy the Dangers threatned by this Petition 
and say that whereas the Representatives of the Countys 
wherein the Disorders therein Mentioned are Committed are 
present in the Lower house, this house do therefore leave it to 
the Lower house to do therein as shall be thought Convenient 
wherein this house shall be always ready to give their reason- 
able Assent 

Signed p r Order Thomas Grunwin CI of Assembly 

M r Hill returns having Delivered the Petition 

The honourable Coll Tailler Enters this house from the 

Lower house came D r Brookes, M r Lingan & M r Hawkins 

with this Message. 

Lower house 28th November 1688. 
This house have Considered of the Message of the Upper 
house relating to the Punishing the several Crimes of Whore- 
dome, Adultery, Swearing, Cursing & Sabboth breaking &c. 
And say that they are not unsensible of the too frequent Com- 
mitting the said Crimes in this Province, But think not the 
same through any Deficiencys of the Laws for that there have 
been formerly several good and wholesome Law provided in 
this Province against the said Crimes, particularly the Law for 
punishing certain Offences, The Act of Religion, The Act for 
keeping holy the Lords Day which are all yet in force, In and 
by which there are severall punishments provided against the 
said Offenders, But this house Conceive that the Occasion of 
the said Crimes being so frequently Committed in this Prov- 
ince is because the said Laws are not put in Execution against 
the Offenders by those Magistrates that are intrusted there- 
with, Nevertheless, if the Upper house please to prepare any 
other Bill against those Crimes this house shall readily in 
reason Concurr in passing the same into Law. 

Signed p r Order of the Lower house Will" 1 Dent CI. 



1 82 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. The said Messengers also bring the Act for mendino- Trade 
and bettering the Quality of Tobacco in this Province 

An Answer to the upper hous concerning Bulk Tobacco 

An Act for the Encouragement of making Linnen & Woollen 
Cloth within this Province 

An Additionall Act to the Act for Encouragement of Tillage 
and raising Provisions for advancement of Trade within this 
Province. 

An Act for Encouragem' of Sowing and making hemp and 
flax within this Province 

The said four Acts read the first time 
p- 573 The answer about Bulk Tobacco also read Vide the same in 
fol. 43 

This house are of Opinion that the Act for Amending the 
Trade and bettering the Quality of Tobacco in this Province 
will not Answer to the end Intended & therefore Rejected 

The Additional Act for Encouragement of Tillage and 
raising Provisions for Advancement of Trade within this 
Province Voted to be past with those Amendments. 

Upper house of Assembly 28th November 1688. 
This house have Consented to pass the Additional Act for 
Encouragement of Tillage & c with these Amendments Viz' 

I st That it be Mentioned all or any sort of English Grain 
or Indian Corn 

2 d That the Allowance for Malt be as well for wheat Malt 
as for Malt of Barley. 

3 d That the Act do not intend the Encouragement and 
Allowances for any Grain Sowed or put into the Ground at 
, any time before the Publication of this Act. 

4thly. That the Encouragement hereby intended shall not 
Extend to any Grain or Malt but such as shall be really of the 
Growth and produce of this Province. Sent by Coll Pye. 

Signed p r Order Tho: Grunwin CI of Assembly. 

Coll Pye Ordered to acquaint the Lower house that if they 
have nothing further for this house to Night This house will 
Adjourn He returns and says that the Lower house have not 
further to Night. 

This house Adjourned till to Morrow Morning 8 of the 
Clock. 



Assembly Proceedings, Nov.' i^-Dec. 8, 1688. 183 

The 29th of Nov r 1688 The Upper house sat again Lib. w. h. 

Present 
( M r Joseph ) Coll Pye ) 
The honourable \ Coll Tailler [ M r Hill I 
( Coll Darnall ) ) 

The Act for Encouragement of So'wing and making of hemp 
and flax within this Province read the Second time and the 
third time and Assented to by this house 

D r Brooke from the Lower house with this Message Viz' 



~& 



Lower house 29th November 1688. 
Herewith is sent the Bill for Encouragement of Tillage &c. 
with such Alteration therein made as the honourable Upper 
house desired in the last Message by Coll Pye and pray the 
Concurrence of the Upper house therein, And that they will 
please to Concurr in the other Bills yesterday sent, and Transmitt 
them back to this house in Order to their farther proceedings to 
the other Business now before them, This house have also 
Appointed M r Robotham M r Underwood and Captain Pile & 
M r Round to be of a Committee of Accounts if the Upper 
house please to Join any Members of theirs with them they are 
ready to attend their Charge. He also brings the Bill for 
Encouragement of Tillage &c. 

Signed p r Order of the Lower house William Dent CI. 

Coll Digges Enters this house. 

The said Act for Encouragement of Tillage & c read with 
Amendments The same sent down to the Lower house And 
to desire that the words (or any other sort) may in two places 
be put in, Coll Pye goes with it and returns and says the 
Lower house had neglected, but would mend it and Send it 
immediately. 

Coll Jowles from the Lower house and brings the said Bill p. 574 
the same read and Past this house. 

The Act for Encouragement of Making Linnen and Woollen 
Cloth read the 2 d time Read again the third time and As- 
sented to 

M r Clement Hill goes to the Lower house with these three 
Bills Assented to by the Upper house Viz' 

Bill for Encouragem' of Sowing & Making of hemp and 
flax &c. 

Bill for Encouragement of Tillage &c. 

Bill for Encouragem' of making Linnen & Woollen Cloth 
within this Province. 

He returns and has delivered the said three Bills. 



Lib. W. H. 



184 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Upper house 29th November 1688. 
In Answer to that part of the last Message that relates to 
the Committee of Accounts sent by D r Brookes (This house) 
as in a former Message of the 27th Instant have and do 
Appoint the honourable Coll Digges and Clement Hill Esq r 
to Join with the four Members of the Lower house in the afore- 
said Message by Doctor" Brookes nominated, And the said 
Members of this house are ready to Join with those of the 
Lower house when notice thereof shall be given to this house. 
Signed p r Order Thomas Grunwin CI of Assembly. 

Upper house of Assembly 29 November 1688. 
This house desire the Lower house to take into their Serious 
Consideration that part of the honourable Presidents Speech 
relating to the passing an Anniversary Act of General Thanks- 
giving to Almighty God for the Birth of the Prince to be kept 
holy throughout this Province yearly on every Tenth Day of 
June during the Life of the Prince, This house being Sensible 
that nothing can better Testifie Our thanks to the Almighty 
or Our Loyalty to Our King than the passing of Such an Act 
for thereby we shall Surpass all the Methods of Addressing 
that have or ever shall be presented on this Occasion. 

Signed p r Order Tho: Grunwin CI of Assembly. 

The said two Messages sent by Coll Digges and Coll Pye 
who returns & say they have delivered the Same 

Captain Joseph Pile and acquaints this house that the Lower 
house Members for Committee of Accounts are ready 

The honourable Coll Digges and M r Hill go out to Join 
with Committee of Accounts. 

M r Thurston from the Lower house and brings a Petition of 
Thomas Evans Concerning a Negroe that had killed his hoggs 
who was last Court before this in the Pillory and Cropt but 
the Petitioner wants the fourfold. 

This house Adjourned for half an hour then Sat again 

Present 
f William Joseph Esq r 
The honourable^ Coll Henry Darnall 

y Coll Edward Pye 
M r Harris M r Brookes and M r Lingan from the Lower house 
575 & Bring the Bill for Preservation of Orphans reall Estates. 
This house Adjourned till to Morrow Morning 8 a Clock 



Assembly Proceedings, Nov. \$-Dec. 8, 1688. 185 

The 30th Day of Novem r 1688 The Upper house sat again Lib. w. h. 

Present 

! William Joseph Esq r ] Coll Thomas Tailler j 
Coll Henry Darnall \ Major Sewall J- afterwards 

Clement Hill Esq r J Coll W m Digges J 

Came from the Lower house Coll Jowles, D r Brookes, M r 
Lingan, M r Harris, M r Stone, M r Dare and M r Hawkins & 
bring the Act for the Princes Birth Day the same read the 
first time. 

M r Thurston and M r Hawkins from the Lower house with 
these two Bills 

An Additionall Act to the Act for Regulating Ordinarys 
and Limiting the Number of them within this Province. 

An Act for Advancement of Coins the said last Act read 
the I st time and Rejected 

Coll Digges & M r Clement go out to the Committee of 
Accounts 

Coll Pye Enters this house 

Coll Pye goes to the Lower house with this Message. 

Upper house of Assembly 30th Novem r 1688. 
Herewith is returned the Act for Advancement of Coins 
being wholly Deficient and against which there can be no 
greater Offender than the Act it self for by this Act this Act is 
Destroyed It being vain to think that ever money will be 
brought into this Country till it be made Currant and it will 
never be Currant whilst any be Excepted from receiving it at 
its Currant and inhanced Value. Besides there is no pro- 
vision made to prevent abuses and frauds by Clipt and light 
Money Wherefore this house desire the Lower house to re- 
assume the further Consideration of this Act 

Signed p r Order Tho: Grunwin CI of Assembly. 

Coll Pye returns and Says he has delivered the said Mes- 
sage. 

The honourable Coll Tailler and Major Sewall go to the 
Lower house with the Act for the Anniversary Day for the 
Birth of the Prince and this Message. 

Upper house of Assembly 30th Novem r 1688. 

This house have sent again to the Lower house the Anni- 
versary Act for the Birth of the Prince and do desire the 
same may pass with these Amendments Viz' 

I st That after the word Consort in the Second Line be 
added these words the Queen 

2 d That after these words (Set apart) in the 8th Line be 
added (and kept holy) 



1 86 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. 3 d That all persons be Obliged to resort to their severall 
Churches or Chappells or other Places of Worship on that 
Day where the Severall Pastors and Teachers shall attend 
their Spiritual Duties as on other festivals &c. as is mentioned 
in the Anniversary Act of 12 Car. 2: 14 And this Act be then 
and there read &c. And that to the Title be Added (for the 
Birth of the Prince. They return having delivered their Mes- 
sage 

Signed p r Order Tho: Grunwin CI of Assembly. 

D r Brooke, M r Stone and M r Hawkins from the Lower 
house with this Message 

Lower house 30 November 1688. 

This house taking into their Serious Consideration the Pro- 
posals by the honble President this Sessions made to the 
p- 576 Members of both houses when in a Grand Committee Relating 
to the bringing in of Money into this Province &c. and finding 
the same to be matter of great Importance to the Province 
although they Conceive the same not fitt Suddenly to be 
undertaken, without due and timely Consideration nor till it 
be rightly understood, yet they are not willing nor Desirous 
that any thing of so Good a Consequence as this is repre- 
sented to be to this Province should remain unresolved. 

Therefore in Order to preserve a right understanding of 
the same and that it may be effectually Considered of; They 
desire the honourable the Upper house will Join with this 
house in a request to the said honourable President that he 
will please to send the said proposalls in writing to this house 
with his reasons Enforcing the Same that they may the better 
understand them and be able to give their Result thereof 
against next Meeting. 

Signed p r Order of the Lower house W m Dent CI. 

Coll Pye goes to the Lower house with the Act about Ordi- 
nary keepers and this Message. 

Upper house of Assembly 30 Novem r 1688. 

This house are ready to Assent to the Additionall Act for 
Regulating Ordinaries &c. with these Amendments 

I st That the blank in the Second Line of the first Sheet be 
filled up 

2 d That in the 2 d line of the Second Sheet after the word 
Voyd be Added these words (and for ever be a barr) 

3 d That after the word Money in the Ninth line of the 
Second Sheet the words (or Tobacco) Implyes Credit, and the 
Ordinary keeper left to Impose as before. 

Signed p r Order Tho: Grunwin CI of Assembly. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 187 

Coll Pye returns and says he has delivered the Same. Lib. w. h. 

Coll Jowles and M r Lingan from the Lower house and bring 
this Message Viz' 

Lower house of Assembly 30th gbr. 1688. 
This house are Sorry to hear of such Misunderstandings 
between' the Members of this house Appointed for a Com- 
mittee of Accounts and the Members of the Upper house 
about a Clark. It cannot be unknown to the Upper house 
That all Committee Clarks hath always been Appointed by 
this house or Chosen by Vote in the Committee And that for 
the two last Sessions James Cullen was Clarke of the Com- 
mittee of Accounts and Consequently the best Able now to 
Serve therein, And for that reason was so appointed this Ses- 
sions which is the Undoubted Right and Priviledge of this 
house and hope the Upper house will not infringe it, This 
house hath again Set out their Committee for Accounts who 
are now Sitting with their said Appointed Clerk at the house 
of Thomas Beale in Order to Dispatch the Business of their 
Charge, If the honourable the Upper house please to Join any 
Members of theirs with them, they are ready to Attend them 
Signed p r Order of the Lower house William Dent CI. 

D r Brookes from the Lower house with Additional Act 
about Ordinaries and Ordinary keepers. 

The same read the second and third time and Assented to p- 577 
by this house and sent to the Lower house by M r Clement 
Hill who returns having Delivered the Same. 

M r John Stone from the Lower house with this Message 
following 

Lower house 30th November 1688. 
Upon Consideration had of the ruinous and decaying Con- 
dition of the State house which has Occasioned so great a 
Charge to this Province In Order therefore to prevent the 
utter ruin and decay thereof by repairing it and the Prison also 
this house propose to appoint some members of this house as 
a Committee to project the way and Methods to repair the 
Same and desire to know if the Upper house will please to 
Join a Member of theirs with them. 

Signed p r Order of the Lower house William Dent CI. 

Upper house of Assembly 30th November 1688. 
This house are Surprized to receive a Message from the 
Lower house mentioning so much as the word (Misunder- 
standings) Especially in a time when this house had thereof 
not so much as a thought and cannot but Admire to see such 



1 88 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Groundless heats insisted on there being a great Difference 
between the Committees which the Lower house do send forth 
Consisting only of their own Members in which the Lower 
house may undoubtedly appoint such Clerks as they please, 
And those which Consist of Members of both houses for in 
this Case the Chairman of such Committees has always 
Appointed a Clerk and accordingly in this Committee of 
Accounts the honourable Coll William Digges was by the 
Committee themselves Chosen Chairman and John Boye 
appointed and Accepted by the s d Committee to be their Clerk 
and accordingly they did proceed to the Business of that 
Committee for proof whereof this house referrs themselves to 
the Journal of the said Committee, wherefore this house do 
not Conceive wherein the least Priviledge of the Lower house 
is Infringed. It being the Lord Proprietaries Prerogative to 
appoint Clerks ; Even the present Clerk of the Lower house 
is by his Lordships Commission appointed CI. of the Lower 
house, And further this house cannot but take Notice of the 
Impracticable Method in Removing the Committee from the 
place where they were agreed to Sitt, without the Consent of 
their Chairman in whom it is to Adjourn the Committee both 
to time and place as he shall think fit not Contrary to the 
Order and appointment of both houses. 

Signed p r Order Tho: Grunwin CI of Assembly. 

The aforesaid Message sent by Coll Tailler and Coll Digges 
who return and say they have delivered the same. 

Upper house of Assembly 30th Novem r 1688. 
This house do Concurr with the Lower house in their 
Message of this Day by M r John-Stone Relating to the Repar- 
tion of the State house and Prison and accordingly do appoint 
the honourable Coll Pye one of the Members of this house to 
Join with such Members of the Lower house as they shall think 
fitt to Consider of and Report the same to both houses. 

Signed per Order Thomas Grunwin CI of Assembly. 

This Message sent by Coll Pye who returns & Says he has 
delivered it 

Upper house of Assembly 30th November 1688. 
This house have Concurred with the Lower house in their 
p . 578 request of this Day by D r Brookes M r Stone and M r Hawkins 
relating to the Proposalls made by the honourable the Presi- 
dent for the bringing in of Money into this Province and 
accordingly have with the Lower house requested the honour- 
able the President, That he would please to Commit to writing 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 189 

the reasons of this house to enforce the bringing in of Money, Lib. w. h. 
as aforesaid into this Province who for Answer says that he is 
very ready to Comply with the said request of both houses 
and accordingly he will Committ the same to writing but is 
not sure to Compleat the same during this Session of Assembly 
But assures both houses by Gods Blessing that he will finish 
the Same so soon as possible he can and will deliver an Origi- 
nal thereof to be Transcribed into as many Copies as will 
Suffice to every Member of both houses one, they Considering 
the Clerk for such his pains to which this house do Concurr 
and desire therein the Concurrence of the Lower house. 

Signed p r Order Tho: Grunwin CI of the Lower house. 

Sent to the Lower house by Coll Pye he returns and says 
he has D d the same 

D r Brookes and M r Dare from the Lower house with the 
fol: Message 

Lower house 30th November 1688. 
In Answer to the last Message by the honourable Coll 
Tailler & Coll Digges this house desire the Upper house to 
peruse again their Message and it will appear that they do 
not mention any Misunderstanding between the two houses 
but between the Members of the Upper and Lower houses 
and this house kindly resent the fair proceedings and Answer 
of the Upper house in giving this house the Priviledges that 
is undoubtedly their right (to witt) that of Electing Committee 
Clerks and assure the Upper house the said Cullen was 
appointed by this house for that Committee and is the most 
Capable to Serve in that place as he hath done the Two pro- 
ceeding Assemblies, neither were the Members of the said 
Committee (as they Averr to this house) against the said 
Boyes Officiating there had his Skill therein answered- their 
reasonable Expectation Therefore since his Incapacity would 
retard the Business of this Assembly and the other further it 
as well by his Clerkship as Experience in the said Office 
They cannot think it reasonable to deprive him, but were will- 
ing to allow the other Twelve hundred pounds of Tobacco for 
his Attendance hitherto 

Signed p r Order William Dent CI of the Lower house. 

This house Adjourned till to Morrow Morning 8 a Clock. 



190 Assembly Proceedings, Nov. 14-Dec. 8, 1688. 

Lib, w. h. The first Day of Decem r 1688 The Upper house sat again 

Present 

f William Joseph Esq r 1 Coll Edward Pye 

tl. 1 ki J Coll Thomas Tailler ! Clement Hill Esq r 

i tie Honourable < CqU Renry Darna n > Major Nicholas Sewall 

[ Coll William Digges J 

Upper house of Assembly 1 December 1688. 
The Lower house by their Message last night by M r Brooke 
and M r Dare desire this house to peruse again their Message 
p- 579 and this house desire the Lower house to peruse again their 
Message about the words Misunderstandings and Priviledges, 
this house did not then say there was Differance there between 
both houses, as to their grief they find there now is, and this 
house denys that they did by their Message Assert it to 
be the Right of the Lower house to appoint Clerks of any 
Committees, of their own Committees we Grant, But this 
Committee is none of their own but a Committee of both 
houses Consisting of Members as well of Ours as their house ; 
This Committee meets Choose their Chairman and accordingly 
their Clerk and approve the same by Entring upon the Busi- 
ness of that Committee, and as it was a Committee of both 
houses, that is, of Members of both houses with their Chairman 
and Clerk who are as Speaker and Clerk of either house ; It 
is illegall and Imparliamentary for any part of the Members of 
that Committee to seperate themselves without their Chairman 
or being by him Adjourned or assume to sitt and appoint a 
Clerk as the Members of the Lower house in that Committee 
have done, and this house do hereby protest against the said 
proceedings and Sitting of any Members as a Committee of 
Accounts who are not such and Declare the same to be unlaw- 
fully Assembled and their reputed Clerk is hereby Declared 
no Clerk of any Lawfully Committee of accounts If the Clerk 
Boye were not Capacitated it was the Committees Business to 
lay him by and choose another and if they could not agree it 
ought to have been Reported to both houses But this is not 
the case they illegally and Abruptly break up without being 
Adjourned by their Chairman and go and Sitt and choose a 
Clerk of their own without their Chairman or any Member of 
this house being present Contrary to the known right and Pro- 
ceedings of Parliaments, And this house desire the Lower 
house to Concurr and join with this house in the Rectifying 
this and the like abuses and desire that a good understanding 
between both houses may be preserved whereby we may pro- 
ceed upon the Business of the Country and not Impede the 
same to the vast Charge of the Country as by these Differences 
we are like to do 

Signed p r Order Tho: Grunwin CI of Assembly. 



Assembly Proceedings, Nov. \^-Dec. 8, 1688. 191 

Coll Pye goes with the same to the Lower house Returns Lib. w. h. 
having Delivered it 

Coll Jowles, M r Harris, M r Stone, M r Lingan, M r Dare M r 
Hawkins and D r Brooke from the Lower house with the Anni- 
versary Act for the Birth of the Prince 

The same read again and Assented to by this house and 
sent to the Lower house by their honours Coll Tailler and Coll 
Digges Major Sewall and M r Clement Hill 

Coll Jowles M r Lingan M r Thurston M r Harris and M r 
Hawkins with this Message 

Lower house 1 December 1688 

This house have read and Considered of the last Message 
of the Upper house by the honourable Coll Pye and say as in 
their former Message that they did not apprehend any Misun- 
derstanding between the two houses as it seems by the last 
Message of the Upper house have Therefore this house to 
clear themselves of the Occasion thereof and to give all 
reasonable Satisfaction that possibly they can do Say — 

I st They do not deny but the Committee of Accounts have 
power *fo choose their Clerke If not before appointed by this 
house which they conceive is a branch of their priviledges to 
do Especially in that of Accounts and hath always been done 
hitherto and never refused or Objected against till now. 

2 d 'y The members of this house in Committee did Averr 
the said Boye was not as they Conceived Sufficiently Capaci- 
tated for that Office and thereby would retard their Business. 
Neither did they ever Vote him Clerk or as such accept of p. 5 80 
him nor ever understood that their Chairman did Elect him 
by Vote as he was their Chairman But only insisted upon his 
being Clerk as he was appointed by the Upper house which 
this house do well hope they did not ever intend 

3 dly The said Members of the Committee do possitively 
averr that they did not Abruptly break up nor come away till 
the members of the Upper house declared to them they would 
not proceed with any other Clerk then that because he was 
appointed so by the upper house which was not only against 
the Priviledges of this house but their own also 

4 th 'y When they had received this Answer they repaired 
again to this house and then this house appointed a Com- 
mittee of Accounts anew and so Signified to the Upper house 
and that they were Ordered to proceed upon their Charge 
which this house protest to be Lawfull, But if the honourable 
Deputy Governors do protest as the Upper house have pro- 
tested against the proceedings of this house in their said 
Committee they shall not further proceed, But this house 



192 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. doubt not but their honours will have a right understanding of 
this house's honest and hearty proceedings. This house are 
very willing and do Concurr with the honourable Upper house 
to Rectifie these Misunderstandings and therfore do propose 
that the Members of both houses may again meet and Join in 
Committee to Elect any Clerk as they shall think fitt and 
most proper for their Service ; If not this house will proceed to 
Adjusting the publick Accounts, prepare a Bill and present it 
for the honourable the Upper house's Concurrence 

Signed -p r Order of the Lower house William Dent CI. 

Upper house of Assembly 1 December 1688. 

In Answer to the last Message by Coll Jowles, M r Lingan, 
M r Thurston M r Harris and M r Hawkins this house say to the 

I st Article of the said Message, That the Lower house have 
no power to appoint a Clerk to any Committee of both houses 
Especially before any such Committee was & this house 
denys that it always has been done hitherto or at any time 
heretofore and to the 

2. Article say that what the Members of the Lower house 
who were of the Committee of Accounts do averr this house 
know not but this house is sure that it will appear by 
the Journall of that Committee that the said Committee did 
proceed by having appointed their Chairman and Clerk and 
did accept of the said Bouye as Clerk without any Contradic- 
tion in the least, for Justification whereof this house do referr 
themselves to the Journall of the said Committee and further 
to this Article this house deny that ever they Appointed the 
said Bouye or any other Clerk of that Committee, But in 
favour of right this house say the said Bouye was legally 
Admitted and being Admitted he accordingly ought to be 
Continued till Legally laid aside and to the 

3 d Article this house say that they are Assured by their 

Members of the said Committee that the Members of the 

Lower house did abruptly break and Seperate themselves 

from their said Committee without the Consent or Adjourn- 

p . 581 ment of their Chairman and to the 

4th Article this house say that they deny it to be Lawfull 
for the Lower house to alter and change the Committee of 
Accounts anew after the said Committee had been appointed 
by Authority of both houses without the Joint Consent of 
both houses and further this house do say That they are ready 
to detest all Misunderstanding between both houses but think 
it not fitt this house should be thus Imposed upon, wherefore 
this house are ready to send forth their Members to Join with 
the Members of the Lower house in Order to Adjust the 
Publick Accounts according to the Methods appointed by both 
houses and already Proceeded upon by the said Committee 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 193 

And Lastly this house are not willing to believe that the Lib. w, h. 
Lower house will proceed to Adjust the publick Accounts 
without the Consent of this house If they do this house do 
hereby protest against such their Proceedings as Illegall there 
having been a Committee of both houses for that purpose for 
that it is the right of this house to take care that the good 
People of this Province be not Burthened with unjust and 
unreasonable Acco ts 

Signed p r Order Tho: Grunwin CI of Assembly 

Adjourned till Monday Morning 8 a Clock 



The third Day of December 1688. 

The Upper house Sat again 

Present 



The honourable < 



' William Joseph Esq r ") Major Nicholas Sewall ") 
Coll Henry Darnall ! Coll Thomas Tailler I 
Coll Edward Pye j Coll William Digges j 

. Clement Hill Esq r J J 



M r Robotham, Captain Pile and M r Round with a Message 
& M r Robotham says the Members of the Lower house for 
the Committee of Accounts are ready to join with the Mem- 
bers of this house. 

The Message 

Lower house of Assembly 3 d December 1688. 
Out of a due Sense of the great charge this Assembly daily 
stands the Province in and the desire this house hath to dis- 
patch the Emergent Affairs now before them they are willing 
to wave all Contests about so small a matter as the Occasion 
of Saturdays Messages and the rather because they conceive 
the same was Occasioned for want of the Upper house having 
a due Information of the reasons that this house Objected 
against the Committees then Clerk Boye and that was only 
for his Incapacity which certainly would have retarded the 
Business of the same and therefore this house desire the 
Upper house to Concurr with them in leaving the Choice of 
a fit Clerk to the Chairman and Members of the said Com- 
mittee 

Signed p r Order of the lower house William Dent CI 

Upper house of Assembly 3 d December 1688. 
This house do wish the great charge this Assembly has and 
doth put the Country to had been more early Considered, 
And therefore this house do (as they always did) abhorr the 



194 Assembly Proceedings, Nov. i^-Dec. 8, 1688. 

Lib. w. h. very thoughts of Division, and as by both houses a Committee 
of Accounts have been Appointed and the said Committee 
did accordingly meet and Enter upon their Business by 
naming their Chairman and Appointing their Clerk and that 
p. 582 without any Contradiction or opposition they Entered upon 
the Business of that Committee as by the Journall of that 
Committee it doth and may appear and this house do approve 
and Confirm the proceedings of the said Committee and in 
favour of right do stand by and Justine the same and accord- 
ingly this house have sent forth their Members to Join with 
those of the Lower house in order to proceed upon the Busi- 
ness of that Committee as already they have begun 

Signed p r Order Thomas Grunwin CI of Assembly. 

Upper house of Assembly 3 d December 1688. 
According to the Message from the Lower house by D r 
Brooke of the 30th of November last and the Answer of this 
house of same date Relating to the Repairing of the State 
house & prison, This house do acquaint the Lower house that 
their Members fixed upon for that purpose is now ready to 
Join with those of the Lower house in order to proceed upon 
so great and general a Concerne 

Signed p r Order Tho: Grunwin CI of Assembly. 

Major Sewall goes with the aforesaid Message he returns 
having Delivered it 

Captain Hill from the Lower house and says that the Lower 
house have appointed two of their Members to Consult about 
the repaires of the State house and they were ready at M r 
Vansweringens 

Coll Pye goes out to Join with them 

Upper house of Assembly 3 d December 1688. 
This house by Message of the 27th November last for pre- 
venting the Excessive Charge of Assemblies and Abuses of 
Ordinary Keepers did desire to Join a Member of theirs with 
some of the Lower house to Consult and Contrive some way 
for the Easing the People in that Particular, To which the 
Lower house by their Message of the same date by Coll 
Jowles and M r Lingan did Concurr and now this house do 
Nominate the honourable Coll Thomas Tailler for that purpose 
who is now ready when the Lower house shall give Notice 
that theirs are also ready. 

Signed p r Order Tho: Grunwin CI of Assembly. 

Sent by the honourable Major Sewall who returns and says 
he delivered the same 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 195 

M r Thurston and M r Stone from the Lower house with this Lib. w. h. 
Message Viz' 

Lower house 3 d December 1688. 
In answer to the last Message by the honourable Major 
Sewall this house say that Several of their Members being 
now Employed in Committees they cannot send forth any 
more till some of them come in when they do will appoint 
Some to Join with the honourable Coll Tailler to Consult of 
the Proposals of the Upper house as is desired 

Signed *p r Order of the Lower house William Dent CI. 

The Petition of Charles Lane for a Pension being Lame 
read and sent to the Lower house with this Endorsement 



Upper house 3 d December K 
This house have read this Petition and do think the Peti- 
tioner a great Object of Charity and do Recommend the said 
Petition and the Condition of the Petitioner to the Considera- 
tion of the Lower house. 

Signed -p r Order Thomas Grunwin CI of Assembly. 

A Letter from Coll Sayer and a Petition of Charles p. 583 
Devonish Craving Allowance for being prest to attend M r 
Plow T man to Newcastle being an Officer sent by the King to 
New York the Petition thus Endorsed and Sent to the Lower 
house 

This house have read this Petition and the Letter Annexed 
and are Sensible that the Business in which the Persons were 
Employed was the Kings Business and was done for his 
imediate Service and therefore this house referr the Consider- 
ation thereof to the Lower house 

Signed -p r Order Thomas Grunwin CI of Assembly. 

This and Charles Lanes Petition sent by Major Sewall who 
returns having Delivered the Same. 

The house Adjourns till to Morrow Morning 8 a Clock. 

The 4th of December 1688 The Upper house Satt again 

Present 

^, . - , f William Joseph Esq r 1 Major Nicholas Sewall 1 

1 ne Honourable j CoU Henry Darnall J Clement Hill Esq r / 

The Bill for preservation of Orphans reall Estates read the 
second time and sent to the Lower house by Major Sewall 
with this Message Viz 1 



196 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Upper house 4th December 1 688. 

This house do send to the Lower house the Act for preser- 
vation of Orphans reall Estates the same is approved of in 
this house and this house will assent thereto when the same is 
fairly Engrossed. 

Signed p r Order Thomas Grunwin CI of Assembly. 

He returns and says he has delivered the Same. 

The house Adjourned for half an hour 

The house sat again present as before 

M r Jones from the Lower house and brings this Message. 



Lower house 4th December 11 
This house have appointed Members to Argue their Agriev- 
ances and pitch upon to Morrow two a Clock in the afternoon 
for the same, If the honourable Deputy Governors will be then 
ready to hear them. 

Signed p r Order of the Lower house William Dent CI. 

M r Dare from the Lower house with this Message. 



Lower house 4th December 11 

The Members of this house yesterday appointed to Join with 
the honourable Coll Pye to Consult of Reparations have 
attended this Day at the place last night agreed on But his 
honour doth not Come to them. 

This house desire to know the reason thereof and if the said 
Coll Pye be not in that house whether the Upper house will 
Join any other Member with them to proceed to finishing 
their Charge 

Signed p r Order of the Lower house William Dent CI. 

M r Jones from the Lower house with the Act about a Town 
in Wiccocomoco River 

M r Clement Hill goes to the Lower house with this Mes- 
sage. 

Upper house of Assembly 4 December 1688. 
As to the Message by M r Dare touching the Repairs of the 
p. 584 State house &c. This house do inform the Lower house that 
yesterday in the Evening Express came to the honourable 
Coll Pye Informing that his Lady was on the Point of Death 
which caused him to take horse and went away the last night, 
But this house do desire that the Gentlemen of the Lower 
house appointed in that Concern would go forward as if Coll 
Pye was with them and that the Lower house will Communi- 
cate the same to this house when Settled and drawn up. 

Signed p r Order Thomas Grunwin CI of Assembly. 

M Hill returns having Delivered it 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 197 

Upper house 4th December 1688. Lib. w. h. 

Herewith is sent the Bill for Bettering the Trade of Tobacco 
which was read in this house and this house being of Opinion 
the said Bill will not Answer the end Intended the Same was 
Rejected and laid aside 

Signed p' Order Tho: Grunwin CI of Assembly. 

Upper house of Assembly 4th December 1688. 
Whereas this house by their Message of the 3 d Instant did 
nominate the Honourable Coll Tailler to be of a Committee 
with Some Members of the Lower house for Considering the 
Abuses and Regulating the Charge of future Assemblies, But 
the honourable Coll Tailler being called away upon some 
Emergent Occasions: This house do therefore appoint the 
honourable Clement Hill Esq r in the place and Room of the 
said Coll Tailler who is ready upon Notice to Join with the 
Members of the Lower house to be appointed on that affair. 
Signed p r Order Tho: Grunwin CI of Assembly. 

Upper house of Assembly 4th December 1688. 
This house have read the Bill for a Town to be appointed 
as sett forth And this house are ready to assent to the Same ; 
But desire that for the Conveniency of Landing to the People 
of these parts of S' Maries County there be also appointed a 
Town on the South side of Patuxent River between Abingtons 
Creek & Joseph Edlows in such Convenient Place as the 
Commissioners Appointed for Towns shall think fitt, And that 
One Bill may Serve for both said Towns, This Town to be 
known by the name of S' Josephs. 

Signed p r Order Tho: Grunwin CI of Assembly. 

The honourable Major Sewall goes with the last three 
Messages 

Captain Coode and Cap' Hill from the Lower house & 
bring this Message 

Lower house 4th December 1688. 

Upon Consideration of the Report of the Committee of 
Reparations. 

It is Voted and resolved that the Proceeding and Agree- 
ment made by the Committee with the Workmen are good 
and Beneficial and this house agree therewith 

Upper house 4th December 1688. 
This house desire the Lower house to send to this house 
the Proclamation about Towns and the privy Councils Letter 
about Bulk Tobacco as also this house desire the Lower house 



198 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. to dispatch such Bills or other matters as they have before 
them particularly a Bill of Revivall for Security of Our Tem- 
porall Laws for that the Deputy Governours do appoint to 
p. 585 morrow Two a Clock in the afternoon to hear the Matter 
about Greivances and have Signified to this house as by this 
Message they also do the Lower house That Thursday be the 
last Day of this present Session of Assembly 

Signed p r Order Thomas Grunwin CI of Assembly. 

The same sent by Major Sewall who returns having deliv- 
ered it. 

D r Brooke brings the Proclamation about Towns & the 
Kings Letter about Bulk Tobacco 

The Lower house Answer about Bulk Tobacco 

Lower house of Assembly 28th November 1688. 

May it please your honours having received from your 
honours in the Upper house of Assembly a Letter which was 
from the Lords of his Majesties most honourable privy Council 
to the right honourable the Lord Proprietary of this Province 
dated from the Council Chamber at Whitehall the fourth Day 
of November 1687 whereby his Majestys Royal pleasure is 
Signified, That his said Lordship in Conjunction with the Gov- 
ernor and Councill of his Majestys Colony and Dominion of 
Virginia take care a Law be passed in the Respective Assem- 
blies of Virginia and Maryland against the Exportation of Bulk 
Tobacco from these Plantations Together with a Message from 
your honours thereunto relating 

This house in Answer to the same with all Loyalty to the 
Kings most Excellent Majesty Duty to his Lordship the Lord 
Proprietary respects and due Regard to his Majestys Subjects 
here and else where in his Majesties Dominions, Do say that 
the Prohibition of the Exportation of Bulk Tobacco would in the 
first place prove very Prejudiciall to his Majestys Interest and 
his Royall Revenue and Income if that (most part if not all) 
the Bulk Tobacco that is Exported out of Virginia and Mary- 
land for the Kingdom of England is there sold and Conse- 
quently pays the full Duty of five pence a pound to his Majesty 
Whereas otherwise if in Cask a great part of the said Tobacco 
is usually Exported into Holland and Elsewhere and pays but 
one half penny per pound Custom, That the Tobacco of that 
Quality which is more fitt for Bulk and altogether unfitt for 
Cask to be therein Exported again out of England would by 
that Meanes be Lessened in that a great if not most part of the 
same would be left behind in this Countrey and his Majesty 
by that means prevented of having any Duty att all for the 
Same. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 199 

2 d To Prohibit the Exportation of Bulk Tobacco is highly Lib. w. h. 
Disadvantagious and Prejudicial to his Lordship the Lord 
Proprietary of this Province for that since the said prohibition 
will Occasion a farr lesser Quantity of Tobacco to be Exported 
as aforesaid his Lordship will by that means be a great looser 
not only in the Revenue of two Shill: per hhd due by Act of 
Assembly but also in the Imposition of I4 d p r Ton due as 
afores d 

3 dly To Prohibit the Exportation of Bulk Tobacco is Inju- 
rious and Ruinous to his Majestys Subjects in this Province in 
Virginia and in his Majesties more Immediate Dominions at 
home ; In this Province it would hinder and Deprive the good 
People of the Sale of all their Tobacco Except such as is 
Extraordinary bright & Dry Tobacco fitt for the London Mer- 
chants who buy it with intent to Transport the Same for Hol- 
land, and break off the Trade of those Small Ships that come 
from the West and North Countrys who bring in great Quan- 
titys of Severall Serviceable Goods & Supply this Province 
therewith, And not only so but with those Goods at better 
prices Purchase their Dark Tobacco which is that, that's Gen- 
erally Bulkt, And is such that the Londoners will not buy nor p- 5 86 
carry out, And so all that Tobacco which is not very bright 
and dry of which the greatest part Consist would lye and rott 
upon the Owners hands and they thereby perish for want of 
such of those Goods these small West and North Country 
Ships bring. 

And it would be prejudiciall to his Majesties Subjects of 
those West and North parts of England by breaking off their 
Trade to those places whereby their Ships and Men are 
Employed, their Commoditys Vended and themselves Sup- 
plyed plentifully with Tobaccos all which would certainly follow 
such a Prohibition. 

The Premisses being had into due Consideration of this 
house it is Nemine Contradicente Resolved in this house that 
such a Prohibition would tend very much to the prejudice of 
his Majesty and his Lordship and Injurious to the good People 
of this Province who they Represent for the reasons aforesaid 
and therefore this house cannot proceed to drawing the same 
Signed p r Order of the Lower house William Dent CI. 

Petition of the last Grand Jury read for further Allowance 
the same sent to the Lower house thus Endorsed 

Upper house 4th Nov r 1688. 
Upon reading and Considering the above writing This 
house are of opinion that the present Allowances are too 



200 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. small and that there ought to be further & Larger Allowances 
for the future 

Signed p r Order Tho: Grunwin CI of Assembly. 

The house Adjourned till to morrow Morning 8 a Clock 



The 5th Day of Decemb r 1688 the house sat again. 

Present 
( M r Joseph 
\ Coll Darnall 
{ M r Clem' Hill 

D r Brooke from the Lower house & brings the Act for 
securing the reall Estates of Orphans. 

The same read after Engrossed and Assented to by this 
house. 

M r Harris from the Lower house and brings the Petition 
for a Town at Langfords Bay the same read and sent to the 
Lower house thus under writt 



Upper house 5th December 1688. 
This house do appoint that there be a Town at Point 
Cackaway as prayed 

Signed p r Order Thomas Grunwin CI of Assembly. 

M r Thurston from the Lower house and brings this Message. 

Lower house 5th December 1688. 
The Committee for Reparations & c make Report to this 
house that they having last night made a firm Bargain with 
Richard Benton and Joseph Freeman for doing the same and 
they Promising to bring Security this morning for their per- 
formance do now deny and refuse to perform the said Bargain, 
whereby this house Conceive themselves Imposed upon and 
abused by the said Workmen and desire the Opinion of the 
Upper house in the premisses &c. 

Signed p r Order of the Lower house William Dent CI. 

p . 5 g 7 Petition for a Town in Chester at Glevens Point read and 
sent to the Lower house under writt thus. 

Upper house 5th December 1688. 
The Consideration of this Petition referred to the Lower 
house. 

Signed p r Order Thomas Grunwin CI of Assembly. 



Assembly Proceedings, Nov. i^-Dec. 8, 1688. 201 

M r Lynes Account about the Charge and Expence of keep- ub. w. h 
ing Prisoners read and Sent down to the Lower house thus 
Endorsed. 

Upper house 5th December 1688. 
This house do wholly reject this Account save only what 
therein Concerns the Indians for all the Prisoners were Obliged 
to pay their own fees. . 

Signed per Order Thomas Grunwin CI of Assembly. 

John Pollards Petition read and rejected 

Upper house 5th December 1688. 
As to the Contract made with the Workmen and their 
refuseing to perform the Same this house can only say that 
they referr the whole matter to the Consideration of the Lower 
house desiring them to take their own Measures in the 
Premisses. , 

Signed p r Order Tho: Grunwin CI of Assembly. 

Upper house 5th December 1688. 
This house think it very Convenient for the Province in 
General that there be a Publick Ferry at Patuxent at the same 
place it formerly was and desire the Lower house would Con- 
curr with them for that Purpose. 

Signed p r Order Tho s Grunwin CI of Assembly. 

The said two Messages M r Lynes Account Pollards Petition 
and Account, the Act for Orphans Estates, Petition for a Town 
at Glevens Point, another at Cackaway all Sent by M r Clement 
Hill to the Lower house he returns having delivered the Same 

The house Adjourns till to Morrow Morning 8 a Clock. 

The 6th Day of December 1688 
The house sat again 

Present 
f William Joseph Esq r 1 
< Coll Henry Darnall > 
{ Clement Hill Esq r J 

M r Jones and M r Stone from the Lower house and bring 
the Petition about Vanhecks Daughter. 

The Petition of Best and Gideon Gambell for Allowance of 
an Account for being Witness against Spernon 

William Gwythers Petition for Attendance and Expences 
23 Days — The Petition of William Peirce Sheriff of Cecil 
County for Allowance for loosing his Vessel last Provincial 



202 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. Court. The Petition of Captain Joshua Doyne Concerning 
the Prisoners. An Act for laying the Hundred of S £ Maries 
into the City of S' Maries. An Act to Enable Richard Bishop 
to sell Land. 

M r Jones and M r Hawkins from the Lower house with a Bill 
for Erecting Some new Necessary Towns, 
p. 588 The said Act read and Assented to by this house 

The honourable Coll Digges brings into this house the 
Journall of Acco ts past in the Committee and it being found in 
peruseing the same that is said (they have appointed a new 
Clerk of Accounts) when the Minutes of the former CI of 
Accounts says not so But (that the New Clerk was Chosen by 
the Chairman) whereupon William Tayllard the last Clerk 
was sent for, and coming Confest it was his fault, and in truth 
he did not so well mind the Minutes of the former Clerk 

William Taylard goes out and returns and says he has 
Consent of the Committee of Accounts and Severall of the 
Lower house to Amend the aforesaid Error and therefore 
humbly prays he may Amend the same which was done 
accordingly, in this house with his own hand. 

M r Jones from the Lower house and brings this Message. 

Lower house 6th December 1688. 
In Pursuance of the Message and Votes of both houses to 
Consult of some meanes to prevent the Abuses of Ordinary 
keepers in future Assemblies, This house have appointed 
Captain John Coode and Captain Hill to Join with the hon- 
ourable Clement Hill and are now out upon their charge. 

Signed p r Order of the Lower house W m Dent CI. 

M r Clement Hill goes to the Committee accordingly. 
The house Adjourned till to Morrow Morning 8 a Clock. 

The Upper house mett again the 7th of December 1688. 

Present 

!M r William Joseph ] Major Nicholas Sewall \ 
Coll Henry Darnall I M r Clement Hill J 

Coll William Digges J 

M r Hawkins from the Lower house and brings the Bill for 
Reviving the Temporary Laws. 

M r Thurston from the Lower house & brings the Reviving 
Act of last Assembly 

D r Brookes from the Lower house and desires to know 
when this house of Assembly are willing to hear the Greiv- 
ances The President answered that the Deputy Governors are 
always ready to hear the Greivances of the Country. 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 203 

Major Sewall goes to the Lower house and carrys the Act Lib. w. h. 
for Assenting to New Towns. 

The Speaker and several of the Members of the Lower 
house Enter this house about the matter of Greivances 

I st About Alienations; Therein it was agreed that the Gov- 
ernment receive Alienations according to Law and those that 
refuse it when so tendered to be lyable to be punished. 

2 dly Recording Proceedings Agreed that an Act be made to 
Explain the Law in that case or that the Assembly should 
Interpret the Law. 

3 dly About Naval Officers, The Government will write to his 
Lordship That he would appoint proper Officers, That the 
People be not all put to come to S l Maries or Patuxent to 
Enter and Clear. 

4 thIy Concerning the Proclamation about Towns, The Lord p. 5 8 9 
Proprietary does not intend to disanull the Law but only to 
dispense with the present Performance of some part of it. 

cjthiy About Summoning Persons by Attorney Generall ; 
Agreed that none ought to be Imprisoned or taken into Cus- 
tody without shewing the Cause. If the Attorney Generall 
has done any thing Contrary to Law the Laws gives Remedy 
against him 

6 th 'y About pressing Victualls and Provisions, The Govern- 
ment does not Encourage or Countenance any such illegall 
proceedings and upon Conviction shall punish the Offender 

ythiy Abouj- Provinciall Court at the request of the Lower 
house the Deputy Governors Consent that the Provincial 
Court be put of to the last Tuesday in March next. 

Lastly About the 3 d p r hhd. If the Clerks receives 3 d p r 
hhd without Complying with their Duty according to Law 
they are lyable to Suffer 

The Argument about Greivances being Ended the Speaker 
and Lower house Depart. 

M r Clement Hill goes upon the Committee for Regulating 
Expences of Assemblys 

D r Brookes brings the Act for Repairing the State house 
and desires the report of the Committee of Accounts 

M r John Stone and brings a Petition of M r Lynes about Port 
Duties 

M r Hawkins comes to this house for the Book of Laws the 
same sent by him 

Major Sewall goes to the Lower house with the Law about 
several new Towns and the Reviving Act with this Message 

Upper house 7th December 1688. 
This house are ready to Assent to the Act of revivall when 
the last sheet thereof shall be fairly Engrossed and this house 



204 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. desire the Law Prohibiting the Exportation of Wooll and old 
Iron may be renewed. 

Signed p r Order Tho: Grunwin CI of Assembly. 

M r Dare come for M r Bishops Bill for Selling Land, and 
was answered that it shall be sent. 

M r Clement Hill goes to the Lower house with the Report 
of the Committee for Regulating Expences of future 
Assemblys, he comes back and says he has Delivered it 

Major Sewall goes with the Report of the Committee of 
Accounts and this houses Exceptions against the same and to 
tell them this house designed to sitt long to night, he 
returns. 

Exceptions to the Accounts Reported by the Committee of 
Accounts brought to this house the 6th of December 1688. 

I st To the Article of 2000 lb Tobacco to Christopher Nutter 
who was Interpreter in that General and National affair of the 
Indians and the Services he has done the Publick therein ; 
This house are Sensible that the said 2ooo lb of Tobacco will 
not Reimburse the said Nutter the one Moiety of the Expence 
and Charge the said Nutter has been at if no Consideration 
were Allowed for his Service and loss of time Wherefore 
this house are of Opinion that the said Nutter ought in honour 
and Conscience to be Allowed at least 9ooo lb of Tobacco. 

2 d To the Article of i932 lb of Tobacco to the Account of 

p- 59° Coll Thomas Tailler for Goods delivered to Indians this house 

know not by what Order or upon what or whose Account the 

said Goods were delivered and therefore cannot allow the 

said Article till Satisfied therein. 

3 d To the Article of i625 lb of Tobacco allowed to several 
persons fol 2 & 3 This house do Conceive the Same to be 
Erronious for that the said i625 lb ought to be i8o5 lb so that 
there is Mistaken i8o lb Tob: more to be Added to the said 
Account. 

4 th To the Article 2 500 lb Tobacco for M r Anthony Under- 
wood this house do not think fitt to charge the Publick with 
the private Expence that any Member of Assembly is at his 
own house the same being no Publick house to the Burthen 
of the Country and Discouragement of Publick Ordinaries, 
whose Livelyhood depend thereon, and if Allowed the hon- 
ourable Coll Digges and others have the same right & there- 
fore by no means think it reasonable to Allow the same 

6 To the Article of 2000 lb of Tobacco Allowed to Thomas 
Deakins Door keeper and Drummer to the Assembly and 
Provinciall Courts this house Conceive the same to be too 
little Considering his Constant Attendance for Twelve Months 
time Especially when they Consider that i6oo lb Tobacco is 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 205 

allowed to Anthony Evans, beside a Charge of 1 20O lb to Lib. w. h. 
Richard Edelen also a Door keeper which is 2 8oo lb Tob: for 
Serving this Assembly only Whereas the said Deakins has 
Served the publick at least Twelve Months as aforesaid 

7th To the Article of 540O Ib of Tobacco allowed to Thomas 
Beale In Consideration of the Lower house and Committees 
Sitting at his house and in his Rooms, This house are of 
Opinion that the same is so farr from being a hindrance to the- 
said Beale that it was of great Advantage to him, and there- 
fore can by no means approve of the said Charge It being 
unreasonable to pay the Expence done in his house & pay the 
rent for his house too 

The Lower house Amendments of the Committee of 
Accounts and this house's Answer thereunto sent to the 
Lower house by M r Clement Hill which both next hereafter 
follow Viz' 

Lower house 6 Decemb. 1688. 

This house have read and Considered of the Report of the 
Committee for stating the publick Accounts of this Province 
and do well approve of their Allowances and proceedings 
therein with these Additions and Amendments 

I st That they enquire for what reason the Article of Allow- 
ance to M rs Baker for Peter Dermote was made because this 
house cannot understand of any nor can the Members of that 
Committee inform them. 

2 d That the Allowance to Joshua Doyne Gent is over much 
he having been at no charge in attending nor taken any pains, 
Therefore this house Vote him an Allowance of 5000"" of 
Tobacco for such his attendance and no more 

3 That M r Turling having preached three Sermons to this 
Assembly be allowed two thousand pounds of Tobacco and 
M r John Mathews having preached one Sermon be Allowed 
one thousand pounds of Tobacco this being referred by the 
Committee to both houses. 

4 That M r Underwood be allowed 2500 Ib Tobacco for Enter- p- S9 1 
tainment of the Honourable Coll Tailler at his house this 
Assembly This being referred by the Committee to both 
houses 

5 And in regard that the several Ordinary keepers hath 
been forced to purchase their Liquors and Provisions for 
Entertainment of this Assembly with Money or Tobacco at 
Extraordinary dear rates, and the said Committee having 
Allowed them only according to the Rates settled by Act of 
Assembly which is too small Therefore this house have Voted 
them the Sum of 20 p r O for what Tobacco they are already 
allowed over and above their said Allowance. 



206 Assembly Proceedings, Nov. 14- Dec. 8, 1688. 

Lib. w. h. 6 That John Bouye having been CI of the Committee 
appointed for Reparations be Allowed over and above what 
the Committee hath Allowed him 8oo lb of Tobacco 

7th. That the Clerk of this house being Employed by this 
house upon some Speciall Occasion more than doth belong 
to the Duty of his Place particularly to write out a fair Journal! 
of the first weeks proceedings of this Assembly and deliver to 
the Speaker of this house be Allowed for the same One thou- 
sand pounds of Tobacco more than what the Committee have 
Allowed him 

To all which the Concurrence of the Upper house is required 
that the Bill for Assesment of the Publick charge may be 
drawn up. 

Signed p r Order of the Lower house William Dent Clk. 

Upper house Assembly 7 December 1688. 
In answer to the Message of yesterday from the Lower 
house of 7 Articles relating to the Report from the Committee 
of Accounts And to the 

1 This house say they have enquired of their Members of 
that Committee concerning the Allowance to M rs Baker and 
are Satisfied the same is Just. And to the 

2 Concerning the Allowance made to Joshua Doyne Gent 
this house do Concurr with the Lower house in Allowing but 
50oo lb Tobacco to the said Joshua Doyne for his Attendance 
And to the 

3 This house do consent to Allow M r Turling 2000 lb of 
Tobacco as they also Concurr to Allow iooo lb of Tobacco to 
M r Matthews, But this House desire that iooo' b of Tobacco 
may also be Allowed to M r Pennington who did not only 
Preach to, but pray for the Assembly in General so that the 
Allowance both to M r Pennington and M r Mathews is to 
them two no more than to M r Turling alone 

4 And to the fourth This house doth not think it reason- 
able to Charge the Publick with any Charge for Entertain- 
ment at houses who do not keep Publick Ordinarys and there- 
fore cannot Allow the Same 

5 And to the 5th This house do not think fitt to Allow any 
Ordinary keeper more than what the Law directs 

6 And to the 6th This house do Concurr to Allow the said 
Clerk Bouye as the Lower house have Agreed it. 

7. To the 7th This house do Concurr with this Provisoe 
that the same be allowed to the Clerk of the Upper house who 
takes the same Pains. 

To all which this house desire the Concurrence of the Lower 
house. 

Signed p r Order Thomas Grunwin CI of Assembly. 



Assembly Proceedings, Nov. \^-Dec. 8, 1688. 207 

M r Hawkins with this Message about Allowance for Lib. w. h. 
Expences. 

Lower house December the 7th 1688. p. 592 

This house do still say as in the former Message that the 
matter Contained in the Bill Regulating future Assemblies 
requires more Consideration than can be now Afforded, and 
therefore do Recommend the same to the Consideration of 
the next Assembly and in the mean time desire the same may 
rest as p r Vote of both houses 

Signed p r Order of the Lower house William Dent Clk. 

William Gwythers Petition read and Rejected 

Captain Peirce's Petition read and Rejected 

The Petition of Best and Gambell read and Rejected 

M r Doynes Petition about the Charge of Prisoners read and 

referred to the Consideration of the next Assembly. 

Sarah Vanhecks Petition read being in way of Complaint 

that the said Sarah was a Protestant and now brought up 

amongst Catholicks and sent to the Lower house with this 

Endorsment. 

Upper house 7th December 1688. 
This house desire that those person or persons that in the 
Name or on the Behalf of the said Sarah would Appear in this 
house that this house may the better be Satisfied in the 
Premisses. 

Signed p r Order Tho: Grunwin CI of Assembly 

M r Dare for the Bill relating to the Reparations, and Bishops 
Bill & brings this Message Viz' 

Lower house 7th December 1688 
This house do Concurr to Rectifie and fair Transcribe the 
Reviving Bill and will send the Same to the honourable Upper 
house 

Signed p r Order of the Lower house William Dent CI. 

M r Stone with the Bill against Exportation of Wooll and 
old Iron, and to know if the Upper house have further 
to Night, The President says they will send presently. 

The Bill against Exportation of Wooll and old Iron read 
and assented unto by this house. 

Bishops Bill sent to the Lower house not assented to 

Joshua Doynes Petition Sent 

The Bill for Reparation of the State house Assented Sent 
also all the above Matters sent by Major Sewall, and to tell 
the Lower house this house are willing presently to Conferr 



2o8 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. with the Lower house about Allowances. He returns and 
says severall of the Members of the Lower house are indis- 
posed and they stay only for that Message and so would 
Adjourn. 

M r Jones from the Lower house and says the Lower house 
will Conferr with this house to Morrow Morning 

This house Adjourns till to Morrow Morning 8 of the 
Clock. 

The 8th of December 1688 The Upper house sat again 

Present 

f William Joseph Esq r ) Coll William Digges ) 
The honourable \ Coll Henry Darnall \ Clement Hill Esq r J 

P . 593 M r Jones from the Lower house to tell this house that the 
Lower house is ready for the Conference ; and was answered 
that this house is also ready. 

The Speaker and Lower house come in and the Conference 
began 

1 M r Nutters Petition Allowed 4000 Ib Tobacco and liberty 
to make out his further Claim at the next Assembly. 

2. Coll Taillers Account 1932 Suspended for the Present 
till both houses are better Satisfied in it 

3 Agreed being a Mistake 

4 M r Underwoods Allowance Allowed this time and for 
the future no such Allowance to be 

5 Deakins Door keeper Allowed 3000 lb Tobacco 

6 Thomas Beale 5400 the 5000 Allowed and the 400 cut 
of and that was Allowed because the Committees Sat there 
and drank Drink not of the house. 

5000 Allowed M r Vansweringen for the same. 

20oo lb Tob. Allowed to M r Turling 1000 to M r Pennington 
& a 1000 to M r Mathews 

Coll Tailler Allowed 2000 

Allowance to the Ordinary keepers of 20 p r O The same 
Allowed. 

To the Clerks of both houses a 1000 a peice Extraordinary 

Clement Hill goes to the Lower house with two Bills 
Assented to by this house, the Reviving Bill & the Bill for 
Regulating Expences in future Assemblies, He returns 

Goes again to the Lower house to acquaint them that the 
Deputy Governors are ready in the Upper house to receive 
them with the Bills past both houses in Order to Conclude 
this Sessions 

He returns and says the Lower house have not yet finished 
the Bill for Publick Charge. 

M r Jones from the Lower house and brings the Bill for 
Explaining the Act for Secretarys fees the same read. 



Assembly Proceedings, Nov. 14-Dec. 8, 1688. 209 

Coll Digges sent for and comes in Lib. w. h. 

Coll Digges and Major Sewall the two Secretarys and go 
to the Lower house & Carry the Bill Explaining Secretarys 
fees and to Speak to the Same, that for the future they will 
not Charge Recording Proceedings till next Assembly at least 
And desire that now it may be let alone the Act being not so 
rightly drawn as it ought to be. 

They return and say the Lower house are well Contented 

M r Dent Clerk of Lower house fetches the last Laws 1686 

D r Brookes, Cap' Pile M r Thurston and M r Hawkins and 
bring the Act for Assesing the Publick Charge, The same read 
and past this house 

The same sent to the Lower house by Coll Digges and M r 
Clement Hill and they tell the Lower house that this house 
are ready 

They return and Say the Lower house will attend this house 
Immediately 

They come into this house Accordingly the Speaker pre- 
sents to the President the following Bills Viz' 

An Act for Reviving the Temporary Laws of this Province 

An Act for a Perpetual Commemoration and thanksgiving 
on every Tenth Day of June for the Birth of the Prince. 

An Act for Preservation of Orphans reall Estates p. 594 

An Additionall Act to the Act for Regulating Ordinaries 
and Limiting the Number of them within this Province 

An Additional Act to the Act for Encouragement of Tillage 
and raising Provisions for Advancement of Trade within this 
Province 

An Act for Erecting some new necessary Towns 

An Act for Encouragement of making Linnen and Woollen 
Cloth within this Province. 

An Act for Encouragement of sowing and making hemp 
and flax within this Province 

An Act against Exportation of Wooll and old Iron 

An Act for Repairing of the State house 

An Act for Payment and assessing of the Publick Charge 
of this Province 

The Same received by the honourable the President, and 
having them in his hands, says, The Right Honourable the 
Lord Proprietary Willeth these to be Laws 

The Honourable Coll Henry Darnall Keeper of the Great 
Seal after the said Acts were fixed together ; Causes to be 
writt as followeth 

8th December 1688 
The Right honourable the Lord Proprietary Willeth these 
to be Laws Henry Darnall. 



210 Assembly Proceedings, Nov. i/\-Dec. 8, 1688. 

Lib. w. h. The President tells the Speaker and Lower house that he 
hopes the Country will give them thanks for the Service they 
had done them ; and then the said President on Behalf of 
himself and the rest of the Deputy Governors Prorogueth the 
Assembly till the second Tuesday in April next; And the 
Assembly was Accordingly Prorogued till the second Tuesday 
in April Anno Domini 1689. 

Finis. 



p. 295 An Act for a perpetuall comemoration and 

thanksgiueing on every tenth day of June for the birth 
of the Prince 

Forasmuch as it hath pleased Almighty God of his infinite 
mercie & goodnes to vs & our posterity to bless his sacred 
Maj tie our dread Soveraigne and his Royall consort the Queen 
in the birth of a most hoopefull & glorious Prince that the 
remembrance thereof may be extensiue as farr as in vs lies 
equall to the greate benifitt & happinesse we enjoy thereby 
Be it therefore enacted by the right Hono rble the L d Prop ry by & 
with the Advice & consent of the vpper & lower houses of this 
p r sent genii, assembly & the Authority of the same th e every 
tenth day of June for the time to come (being the birth day of 
the said glorious Prince) be sett a part & kept holy & annually 
celebrated by rendring hearty publique praises and thanks- 
giueings vnto almighty God for the great & inestimable bless- 
ing aforesaid soe th l the generacons to come as is their duty 
may effectually w th true piety & humble devocon praise the 
Lord for the p r sent blessing & alsoe pray th' his Maj ties royall 
and renowned offspring may as now be the Subject of our 
hearty & humble praises to Almighty God for ever, And be it 
further enacted th' all & every person & persons inhabiting 
w th in this Province shall vpon the said day annually resort w th 
diligence & devocon to some vsuall Church chappell or place 
where such publique thankesgiueing & praises to Gods most 
diuine Maj tie shall be rendred & there orderly abide dureing 
the said publick thanksgiueing prayers & other service of 
God there to be vsed & minister'd and th' all -psons may be 
put in mind of their duty thereon & be the better prepared to 
discharge the same w th becoming devocon. 

Be it also further enacted th' every Minister & teacher shall 
giue notice to the hearers publickly in the Church chappell or 
place of Worship at Morning Service the Lords day next 
before such tenth day of June for the due observacon of the 
said day and shall then publickly and distinctly reade this 
p r sent Act to the people 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 211 

An Act for reviueing the Temporary Lawes of this Prouince Lib. w. h. 

Be it enacted by the right Honourable the Lord Prop" 7 by & 
with the Advice & consent of the vpper & lower houses of this 
p r sent gen r ll Assembly & the Authority of the same th 4 one 
Act made at a gen r ll Assembly held at S f Johns the seventeenth 
day of Aprill 1661 entituled an Act concerning the hight of 
fences, one other Act made the same Assembly entituled an Act 
for conveyance of all Letters concerning the State & publick 
affaires, one other Act made at a gen r ll assembly held at S' 
Maries the fifteenth day of Septemb r 1663 & there continued p . 296 
vntill the third day of October following and from thence 
adjorned vntill the second tuesday in Septemb r 1664. Enti- 
tuled An Act prohibiting arrests vpon Saboath dayes & dayes 
of gen r all Muster & traineing, one other Act made the same 
Assembly entituled an Act for Amerciam ts in the provinc 11 & 
County Courts, one other Act made at a gen r ll Assembly held 
at S< Maries the tenth day of Ap" 1666 Entituled An Act 
prohibiting forreigne Ingrossers one other Act made at an 
Assembly begunn & held at S' Maries the thirteenth day 
of Aprill 1 669 Entituled An Act for limitiation of certaine 
Accons for Avoyding Suites at Law, one other Act made the 
same Assembly entituled An Act for provideing sufficient 
freight & carriage for the proper goods & commodities of his 
Lordspp the Lord Prop ry of this province & the governo r of 
this province for the time being, one other Act made the 
same Assembly Entituled an Act what shall be good Evidence 
to proue forreigne debts an other Act made at a gen r ll 
Assembly held at S l Maries the Seven & twentieth day of 
March 1671. Entituled An Act Against divulgers of false news 
one other Act made the same Assembly Entituled an Act 
ag' hogstealers one other Act made the same Assembly 
entituled An Act for the provideing a standard with English 
waights & measures in the Severall & respectiue Counties 
w th in this province one other Act made the same Assembly 
Entituled An Kct prohibiting the importacon of all horses 
mares guildings or Colts into this province, one other act made 
at a gen r ll Assembly held at S' Maries the tenth of October 
1 67 1 Entituled an Act for the explanacon of one clause in an 
Act prohibiting the Importacon of all Horses mares geldings 
or colts into this province w th an addition & amendm' therein 
one other Act made the same Assembly Entituled an Act for 
markeing high wayes & makeing the heads of Riuers creeks 
branches & Swamps passable for horse & foote, one Act 
made the same Assembly Entituled an Act for stay of Execu- 
cons after Ap 11 Court, one Act made at a gen r11 Assembly 
held at S' Maries the thirteenth day of Ap 11 1671 Entituled 



212 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. an Act concerneing the Impanelling the grand inquest in the 
severall Counties within this Province one Act made the same 
Assembly Entituled for the Survey 1 " gen rlls fees, w th addicon of 
fees vpon resurveys & for levieing the same, one Act made the 
same Assembly Entituled an Act for paym c of fees due from 
Criminall persons, one Act made the same assembly Entituled 
an Act concerneing those serv ts th c haue bastards one other Act 
made the same Assembly Entituled an Act against burners of 
fences, one other Act made the same Assembly Entituled An 
Act prohibiting all masters of Shipps or vessells or any other 
psons from transporting or conveying away any pson or psons 
out of this province w th out passes one other Act made at a 
gen r ll Assembly held at S c Maries the twelfth day of ffeb ry 1674. 
Entituled An Act concerning what shall be allowed to grand 
Juries th' are sumoned twice a Yeare out of the body of the 
province to attend provincall Courts, one other Act made 
at a gen r ll Assembly held at S' Maries the fifteenth day of 
p- 297 May 1676 Entituled An Act for secureing Merchants & 
other tobaccoe after they haue reed it, one other Act made 
the same Assembly Entituled an Act relateing to the seizure 
of tobaccoe by the Sheriffe one other Act made the same 
Assembly Entituled an act for the pubicacon of Marriages, 
one other Act made the same Assembly Entituled an act 
relateing to servants & slaues one other Act made the same 
Assembly entituled an Act touching Coopers & gage of 
Tobaccoe hhds, one other Act made the same Assembly 
Entituled an Act for easem' of the inhabitants of this province 
in Suites of Law for small debts one other act made the same 
Assembly Entituled An Act for the Constables takeing the list 
of taxables one other Act made the same Assembly Entituled 
An Act against the Importacon of convicted psons into this 
province one other Act made at the same Assembly Entituled 
An Act for secureing of Creditto" one other Act made at a 
gen r ll assembly held at S' Maries the twentieth day of October 
1678 Entituled an Act for regulateing Ordinaries & Limitting 
the Numb r of them w th in this province one other Act made 
the same Assembly Entituled An Act for the better Aministra- 
con of Justice in the County Courts of this province One other 
Act made the same Assembly entituled An Act for keeping a 
register of births Manages & burialls in each respectiue 
county w th in this Province one other Act made the same 
Assembly Entituled An Act for appeales & regulateing writts 
of Err r one other Act made the same Assembly Entituled An 
Act imposeing a penalty on all such who shall dispose of 
tobaccoe seized or receiued by the Sheriffe or others, one 
other Act made at an Assembly begun & held the Sixteenth 
day of August 1681 Entituled an Act for the ordering & 



Assembly Proceedings, Nov. i^-Dec. 8, 1688. 213 

regulateing the Millitia of this Province for the better security Lib. w. h. 
& defence thereof one other Act made the same Assembly 
Entituled An Act for the better Administracon of Justice in 
probate of wills granting Administracons recouery of legacies 
& secureing ffiliall porcons one other Act made the same 
Assembly Entituled An Act for the more speedy bringing to 
tryall and Suppressing Criminalls & limiting their punishm ts for 
certaine Offences when psecuted in the County Courts one 
other Act made the same Assembly Entituled An Act for 
p r venting vexatious & vnnecessary suites at Law, one other 
Act made at a gen r ll Assembly held at the City of S E Maries the 
twelfth day of Novemb r 1681 Entituled An Act ag' Ingrosers 
& regraters one other act made at a gen r ll Assembly begunn 
& held at the Citty of S' Maries the twenty fifth day of Aprill 
1682 Entituled an Act for Encouragem' of tillage & raiseing 
pvisions for Advancem 1 of trade w th in this Province one other 
Act made the same Assembly Entituled an Act limiting the 
Expences of the Comiss rs of the County Courts of this prov- 
ince one other Act made at the same Assembly Entituled an 
Act Ascertaining w' damages shall be allowed vpon pro- 
tested bills of Exchange one other act made at a gen r ll 
Assembly begunn & held at the Ridge in Ann-Arrundell 
County the second day of October 1 683 Entituled an Act for the 
regulateing the tares & abuses in tobaccoe hh ds one other Act 
made the same Assembly Entituled an Act limitting the Extent 
of Attachm ts & provideing w l shall be levied on Attachm ts & 
Execucons one other Act made at a gen r ll assembly held at 
S l Maries the nineteenth of Novemb r 1686 Entituled An Act P- 2 9 8 
for Advancem' of Coynes one other Act made at a gen r all 
Assembly held at S' Maries the two & twentieth day of Ap" 
1684 Entituled an Act ag' excessiue vseury, one other Act 
made at a genii assembly held at S' Johns the seventeenth 
day of Ap" 1661. Entituled an Act for Appoyntm' of certaine 
Officers excepting the latter clause thereof relateing to 
sheriffes w ch is not reviued one other Act made at a genii 
Assembly held at S' Maries the tenth day of Ap 11 1666 Enti- 
tuled an Act prohibiting trade w th Indians for any flesh dead 
or aliue except deare and wild, foule the same & every of 
them be & are hereby reviued & continued to stand in full 
force & virtue for & dureing the terme of three yeares or to 
the end of the next genii Assembly w ch shall first happen. 

An Additionall Act to the Act for regulateing Ordinaries 
and Limiting the numb' of them within this Province 

Whereas a good & profitable Act was made at an Assembly 
held at the Citty of S' [Maries] the twentieth day of October 



214 Assembly Proceedings, Nov. i\—Dec. 8, 1688. 

Lib. w. h. in the third yeare of his Lopps dominion in the yeare of o r 
Lord 1678 Entituled An Act for regulateing Ordinaries & lim- 
iting the numb r of them w th in this province yet Notwithstand- 
ing the good provision thereby made against such exaction 
Experience of late hath found the same soe farr from remedy- 
ing the said Abuse th' many of them are growne more 
excessiue & outragious in their prices & to avoyd the penalty 
of the said Law doe refuse to deliuer when desired vnto their 
debtor vnder their hands the pticulars of the Liquors & 
accomodacons had & receiued of them feareing the same 
should discouer their vnjust charge against the said Act & 
often times when the said debtors are overtaken in drink 
fraudulently obtaine bills vnder their hands & seales for such 
their debts vnjustly charged whereby their books are dis- 
charged w ch otherwise in sueing the said accompt the said 
books in Court would discouer their illegall exaction by w ch 
cunning devises they often avoyd the penalty of the said Law 
& much damnifie the said debto rs to prevent w ch abuses for the 
future Be it enacted by the right Hono r able the Lord Prop ry by & 
with the advice & consent of the vpper & lower houses of this 
p r sent genii Assembly & the Authority of the same th' from 
& after the twentieth day of Aprill in the Yeare of o r Lord 
1689 noe Ordinary keeper w'soever w th in this province for any 
debt due to him for Liquor or any other Ordinary accomo- 
dacons shall take any bill bond or other security other then the 
acc° charged in his booke for the same or recouer Judgm' in 
p- 299 any court of record w' h in this Province for such debt till he 
hath before one Justice of the provincall or County Court or 
one Alderman of the Citty of S" Maries first taken his cor- 
porall Oath th' the -pticulars of the said Acc° are truely rated 
according to the rates & prices sett & Assessed by the Justices 
Impowred thereto by the aforemenconed Act of Assembly & 
th' the same was sold & deliuered by order of the said debt 1 
to the said debtor or his appoyntm' & th' bona fide w th out 
fraud he bought the same Liquors for quallity as in his said 
Accompt he hath named them,& sold the same againe w tb out 
any mixture or Imbasem' other then what was ordered by the 
said debtor or w th his consent w ch Oath soe taken shall be cer- 
tified vnder the hand of such Justice of the Provin" or County 
Court or Alderman of the Citty of S' Maries before whome 
the same shall be taken & deliuered to the said debtor before 
any security be taken otherwise the said bills bonds & all 
other security shall be voyd & a perpetuall barr against the 
said creditt or other then the said booke debt legally charged 
according to Act of Assembly as aforesaid for w ch said certifi- 
cate they shall pay to the Clarke the said Justice shall imploy 



Assembly Proceedings, Nov. 14-Dec. 8, 1688. 215 

to write the same the sufne of twelue pence sterling or twenty Lib. w. h. 
pounds of tobaccoe to be allowed them againe in the said 
Account sworne to against such debtor w ch said debtor shall 
alsoe endorse vnder his hand such bill bond or other security 
giuen w th these words an accompt deliuered before passing 
this bill according to act of Assembly provided this Act shall 
not hinder any such Ordinary-keeper from selling for ready 
money w th in doores or w th out any liquors w th out any such 
account giuen as is by this Act prescribed but may doe the 
same as before the makeing hereof any thing hereinto the 
contrary notwithstanding And be it further enacted by the 
Authority Aforesaid th' noe pson or psons inhabitting w th in this 
Province not haueing a Law full licence shall sell by retaile any 
Cyder Quince drink or other strong liquor to be drank in his 
or their houses or about his or their plantation vpon forfiture 
of every time he she or they shall be legally convict thereof 
the sufne of one thousand pounds of tobaccoe one halfe thereof 
to the right hono r able the Lord Prop ry : the other halfe to the 
Informer or him or them th' shall sue for the same to be recou- 
ered in any Court of Record w th in this province w r in noe 
Essoyne protection or wager of Law to be allowed. This Act 
to Indure for three yeares or to the end of the next genii. 
Assembly w ch shall first happen 

An Act for preservation of Orphans reall estates 

Whereas a good and profntable law was made at an 
Assembly held at the Citty of S' Maries the tenth day of 
Octob r in the fortieth yeare of the dominion of the right 
Hono r ble Csecilius of noble memory and in the year of o r Lord 
1 67 1 Entituled an Act for the p r servacon of Orphans Estate 
the w ch said Act nor any other heretofore as yett made hath 
any wise effectually provided against wast sale or destrucon 
comitted of in or vpon the reall Orphans to w ch dwelling 
houses out houses Lands woods orchards & Fenceings other- p . 300 
wise then what the Lawes of England has prescribed w ch is 
thought to strict & severe for the p r esent constitucon of this 
Province where men cannot enjoy the benifitt of the said land 
w th out cleereing of the same in doeing w r of timber must be 
fallen w ch by the Law of England aforesaid is wast & the 
damages therevpon esueing is farr greater many times then 
the full value of the Land here & it is most apparent th' not- 
withstanding the parents of such Orphans are psons of greate 
estates whilst liueing yet their Orphans or heires seldome 
come to possesse & enjoy any thing more then the lands & 
plantacons by them left for the remedy w r of for the future Be 



216 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. it enacted by the right Hono r ble the Lord Prop* 7 by & w th the 
Advice & consent of the vpper & lower houses of this p r sent 
genii Assembly & Authority of the same th l from & after this 
p r sent sessions of Assembly all gardians of Orphans th' shall 
haue Any reall estates in land w th the orphan or Orphans to 
whome the same belongs & committed to them other then 
such whome the testator in his life time by his last will & 
testam c hath otherwise Ordered & disposed of w th in one Month 
after takeing vpon him or her the guardianship of such 
Orphan or Orphans shall w 4 one Comiss r of the said county 
where the said land lyeth & two other "psons of good repute 
& well skild in building & plantacon affaires neither of them 
being of kinn or otherwise interested in either Orphan or 
guardian enter vpon the said Land or plantacon to such 
Orphan or Orphans belonging & veiw the dwelling houses 
Out houses land orchards & fenceing th' are vpon the said 
plantacon & then & there the said two -psons soe quallified as 
aforesaid shall take their corporall Oath vpon the holy Evan- 
gelists by the said Comiss rs to be administred th' according to 
the best of their skills & Judgm' they will make a Just Esti- 
mate of the Annuall Vallue of the said Land & plantacon & 
what dwelling houses out houses Orchards & fenceings are 
vpon the same & in what repaire they are in & in what p te of 
the said Land they Judge the said guardian may be •pmitted 
further to cleere vpon the said plantacon as well to raise the 
yearely rent soe vallued as aforesaid as alsoe towards his 
charges yearely in keepeing the said dwelling houses out 
houses Orchards & fenceings in sufficient repaire & soe by 
him to be left allwayes haueing regard to leaue a proportion- 
able -pte both for Quallity & quantity of the vnclear'd land for 
the benifitt & Advantage of the orphan or heir when at age to 
possesse the said Land or plantacon as alsoe the Orphans 
mainetenance out of the same where the profitts of the -psonall 
Estates be not sufficient to mainetain him or them & the same 
to certifie vnder their hands & seales attested by the Com- 
miss rs soe Administring the Oath as aforesaid into the County 
Court next ensueing after veiw soe had & made as aforesaid 
& there to remaine vpon record vntill the said Orphan or 
heire comes of age w ch Certificate soe entred & remaineing 
vpon record as aforesd shall be sufficient evidence in Law for 
P . 301 the said Orphan or Orphans to recouer double damages in 
an accon of wast by them to be brought when at age for any 
wast sale or distrucon committed or done in any of the 
pmiisses other then what the said -psons haue certified & 
thought necessary w lh due respect had to all circumstances & 
matters aforesaid Be it further enacted by the Authority 



Assembly Proceedings, Nov. i/^-Dec. 8, 1688. 217 

aforesaid th l the Com rs of each County Court within this prov- Lib. w. h, 
ince by virtue of this Act shall haue full power from time to 
time & at all times hereafter vpon p'sentm' by the grand 
Jury or any other Informacon to them giuen of any such wast 
sale or distruction made done or committed vpon any Orphans 
reall estate by any such gardian by legall warr' to cause the 
said gardian to appeare before them in the said County Court 
& if vpon examinacon thereof the said Informacon be suffi- 
ciently proved & th' the said gardian shall not be of Sufficient 
abillity to answer the dammages of such wast by him committed 
contrary to this Law when the orphan comes to age th' then 
the said Commis" doe require the said gardian to giue suffi- 
cient security to make satisfacon to the said Orphan or 
Orphans when at age as aforesaid & vpon refusall thereof to 
remoue such gardian from of the said plantacon or lands and 
to putt such other into possession thereof as the said Orphan 
or Orphans if at age to chuse his her or their gardian shall 
elect & if not then such other as the said Comis rs shall think 
meete being willing to take the same who shall enjoy the said 
Land or plantacon (committing noe wast & -pformeing all 
such matters & things at his entry therevpon as by this Act is 
required) vntill the said Orphan comes to age and the said 
•pson soe choosen or by the said Justices put in possion as 
aforesaid shall in the name & to the vse of the said Orphan 
bring his Accon of wast against the former gardian for the 
damages by him comitted And be it further enacted th' all 
the matters & things contained in the Act for p r servacon of 
Orphans -psonall Estates and in this Law for p r servacon of 
reall estates be by the Commiss" of euery County Court in 
this province soe often as the grand Jury shall there be sum- 
moned giue the same in charge to them & shall alsoe every 
June Court Yearely & every yeare hold a Court according to 
Act of Assembly solely & wholely to putt in Execucon the 
matters & things in this Law & the said Law for p r servacon 
of Orphans -psonall estates contained vpon the penality of fiue 
hundred pounds of tobaccoe each Justice, one halfe thereof to 
the right hono r able the Lord Prop ry and the other halfe to him 
or them that shall sue for the same to be recouered in the 
Provincall Court by bill plaint or informacon wherein noe 
Essoyne protection or wager of Law to be allowed. 

An Additionall Act to the Act for Encouragement p . 302 

of Tillage and Raiseing provisions for Advancement of 
Trade within this Province. 

Bee it enacted by the R" Hono ble the Lord Prop ry by & with 
the advice & consent of the vpper & Lower houses of this 



218 Assembly Proceedings, Nov. \^-Dec. 8, 1688. 

Lib. w. h. p r sent Gen" Assembly and the Authority of the same that all 
& every pson and psons whatsoever that shall solely & wholly 
Imploy his time, or any Number of his Seruants or others 
belonging to his family in the tilling Ordering & dressing his 
Land or any part thereof in order for the Propagateing of all 
or any sorte of English graine & Indian Corne & shall not at 
any time putt or Imploy any of the psons aforesaid in Plante- 
ing tending or makeing Tobacco, but shall wholly Intirely and 
Constantly follow husbandry such -pson & -psons shall haue 
and Receive the seuerall benifitts & allowances hereafter 
mentioned that is to say, that every such pson or *psons soe 
wholly Imployed as aforesaid shall be exempt & free from all 
publick & county Leavies And shall alsoe be allowed out of 
the county Leavie wherein the said Graine shall be soe made 
the summe of six pounds of Tobacco p bushell for all or any 
sorte of English Graine, the quantity being made appeare by 
two sufficient witnesses before the Justices of Each county 
Court according to law, And likewise if any pson well skilld 
in the makeing of Malt shall of the vsuall Graine of wheate or 
Barley of the produccon of this Province bring the same to 
pfeccon for the same shall be allowed the summe of Tenn 
pounds of Tob° p Bushell, to be paid when made appeare as 
aforesaid provided noe pson shall Receive any benifitt intended 
by this Act for any Graine already sowed, this Act to Endure 
for Three Yeares, or to the End of the next Generall Assembly. 

An Act for Erecting some new necessary Townes. 

Whereas the whole hundred of S' Clements & a greate part 
of Chapticoe Hundred in S f Maries County is bounded by the 
two great Rivers that empty themselves the one into S' 
p- 303 Clements & the Other in Chapticoe Bay with two very great 
steep Hills Adjoining to the said Rivers by which meanes the 
Carriage of Goods or Tobacco over Either of' the said Rivers 
or hills is Impossible, and whereas there's no Towne Assigned 
and Appointed by Act of Assembly within the said S l Clements 
hundred or that part of Chapticoe hundred between the Rivers 
af d by which meanes a very great & considerable quantity of 
tobacco made in & vpon the p r misses cannot possibly be con- 
veyed or Transported to any Towne in S' Maries County or 
any other Towne as is by Act of Assembly appointed & Com- 
manded but must be soe done with great difficulty & hazard 
by water, for Remedye whereof & for the Redresse of so grat 
a Greivance Bee It Enacted by the R" hon ble the Lord Prop ry 
by & with the Advice & consent of the vpper & Lower houses 
of this p r sent Gen" Assembly And the authority of the same 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 219 

that one hundred Acres of land be Assigned laid out & Sur- Lib. w. h. 
vey'd on the North side of wiccocomocoe River Between white 
point & bluff point vpon the Land of Cap' Gerrard Slye within 
the County aforesaid to be called or knowne by the name of 
Wiccocomocoe towne for such vse & vses and vnder such 
limitacons Restriccons & quallifkacons as any other Towne or 
Townes already Built are or by the Law ought to be any other 
Law or vsage to the Contrary Notwithstanding, & whereas 
the Inhabitants of Langsford bay hundred in the county of 
Kent haue humbly prayed that they may have a towne upon 
a certain point in the said Bay called Cackaway point, they 
haueing no Towne port or place of trade whereto they can 
carry their goods & Merchandizes but with great difficulty & 
change of winds and danger of Endammageing their said 
goods & M r chandizes in Ladeing & vnladeing at the adjacent 
Townes by meanes of great Shoales Bee It therefore Enacted 
by the Authority aforesaid that One hundred Acres of Land 
on the said Cackaway point being form r ly the Land of Toby 
Wells for the ease & benefitt of the Inhabitants of the said 
bay be survey'd & laid out for a towne port & place of Trade 
& to be called by the name of Glocester Towne vnder such 
limitacons & with the benifitt of such priviledges as to other 
Townes nominated & Appointed by the Act for Advancem' 
of Trade & Supplimentary Acts to the same are allowed, And 
whereas alsoe Itt is found Absolutely Necessary for the con- 
veniency of the Inhabitants of the severall Hundreds in the p. 303 
sev" Countyes hereafter named that Townes, Ports & Places of 
trade be erected in such places of the said Countyes as is here- 
after nominated & appointed Bee it alsoe Enacted by the 
Authority aforesaid that for the benifitt of the Inhabitants of 
S' Michaell's hundred in S' Maries County one Towne port or 
place of Trade be surveyed & Laid out att the head of S' 
Jeromes Creeke vpon the Land of M r William Gwyther to be 
called by the name of S' Jeromes Towne, & for the ease & 
benifitt of the Inhabitants in & about S' Maries that one Towne 
Port or place of Trade be surveyed & Laid out on the south 
side of Petuxant River in Calvert County between Abington's 
Creeke & Joseph Edloes in such convenient place as the Corn- 
miss 1 ' 5 appointed for townes in the said County shall think fitt 
to be Called by the name of S' Joseph's Towne, alsoe one 
other Towne port & place of Trade to be Surveyed & laid out 
at Bowlings Point in the ffreshes of Petuxant River to be 
called by the name of Bowlington for the use & benefitt of 
the Inhabitants of Mattapany Hundred in the County afore- 
said, One other upon a Tract of Land called Morgan neare 
the head of ffishing creek in little Choptancke in Dorchester 



220 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. County to be called by the name of Dorchester, And Alsoe 
one other Towne to be surveyed & Laid out on the North 
side of Corsica Creek in Talbott County at a place called 
Glevens point to be called by the name of Talbott Towne ; 
the which severall Townes, Ports & places of Trade to be 
vnder such Restriccons and Limitacons as alsoe to haue and 
Enjoy the full benifitts and priviledges of any other Townes, 
ports & places of trade by the sev" Acts for Advancement 
thereof nominated & appointed anything in the afore Recited 
Acts to the contrary hereof in any wise Notwithstanding. 

An Act for Encouragement of makeing Linnen & 
Woollen cloath within this province 

p- 3°4 The Vpper and Lower houses of this p r sent Gen" Assembly 
haueing taken into their serious Consideracons the great 
quantities of Linnen and Woollen cloath which are brought 
from fforreigne parts into and Spent in this Province & that 
the Inhabitants of this Province for want of the like pollicy & 
Industry as other Countryes have attained unto in the Invent- 
ing & practiceing & putting in Exercise the makeing of Linnen 
& Wollen Cloath, doe yearly spend vast sufnes of Money and 
quantities of Tobacco in purchaseing those manufactures for 
cloatheing & Considering the great benifitt & advantage that 
by the makeing of such manufactures of Linnen & Woollen 
cloath will accrue to this Province & being willing to give all 
due Encouragement that may be to any pson or psons what- 
soever that will make or cause to be made any Linnen or 
Woollen cloath doe humbly pray that it may be Enacted, 
And bee it Enacted by the R (t hon ble the Lord Prop ry by and 
with the advice & consent of the vpper & Lower houses of 
this present Generall Assembly & the Authority of the same, 
that from & after the publicacon hereof any "pson or psons 
whatsoever Inhabitants within this province that shall make 
or cause to be made & woven within this prouince of the 
growth & manufacture of this province any Quantity of Linnen 
or Woollen cloth of what kind soever such pson or psons so 
makeing or causeing to be made such linnen or woollen cloth 
as aforesaid within this province shall for his & their Encour- 
agement in the advanceing & setting forward such manufac- 
tures haue and Receive from the severall & Respective Com- 
miss rs of the severall and Respectiue County Courts within 
this province where the said pson or psons so makeing or 
causeing to be made such linnen or woollen Cloath as afore- 
said shall dwell and reside, for every Yard of Linnen Cloath 
so to be made as aforesaid being Three quarters of a yard 



Assembly Proceedings, Nov. i\-Dec. 8, 1688. 221 

broad at the least the sum of six pounds of Tobacco, & for Lib. w. h. 
every yard of woollen cloath soe to be made as aforesaid being 
Three quarters of a Yard broad att the least the summe of 
tenne pounds of tobacco, to be Raised & paid to the pson & 
psons makeing or causeing to be made such Linnen or woolen p- 3°s 
cloth as aforesaid in manner & forme as herein is sett downe 
& Expressed (that is to say) every pson or psons Inhabitting 
within this province that shall make it sufficiently appeare to 
the Commiss rs of the Respective County Courts where hee or 
they shall Live or reside, that hee or they haue made or caused 
to be made & woven in the same County of the Growth & 
Manufacture of this province any quantity of Linnen or 
Woollen cloath of the breadth aforesaid Either by produceing 
the same to the Commiss" of the said severall and Respective 
County Courts in their Courts sitting or to any other -pson or 
psons by them the said Commissioners from time to time for 
that purpose to be appointed or by any other Sufficient proofe 
or Testimony by the said severall & Respective County Courts 
to be approved & allowed off shall Deliver to the Clk of the 
Respective County Courts where he or they shall Inhabitt as 
aforesaid a pticular of the quantity of Yards of Linnen or 
woollen Cloth by him or them made or woven or Caused to 
be made and woven as aforesaid of the breadth aforesaid with 
the time when the same was made and woven, & by whome 
the same was soe made & woven which said Clk: of such 
County Court shall without any ffee or Reward to be paid or 
Demanded for the same as well cause an Entry to be made 
of the same in the Record booke of the said County Court as 
also at the Laying of the next County Court Leavy shall p r sent 
to the Commiss rs then p r sent a List of the psons names that 
haue made such cloth of the Breadth aforesaid and the quan- 
tities thereof Entred as afores d and the said Commiss rs of the 
Respectiue County Courts aforesaid shall cause to be Levied 
by an Equall Assessment upon the Inhabitants of the said 
County for every yard of Linnen cloth made & woven as afore- 
said of the breadth aforesaid six pounds of Tobacco and for 
every yard of woollen cloth made & woven as aforesaid of the 
breadth aforesaid Tenne pounds of Tobacco to be paid to the 
pties the true owners of such linnen or woollen cloth as 
afores d And for the Encouragement of makeing of good fine 
& serviceable Linen and woollen Bee It Enacted that whoso- p- 3 06 
ever shall make or cause to be made the finest and best piece 
of Linnen Cloth being twenty yards in length and three quar- 
ters of a yard wide (and the same shall be soe adjudged by 
the Commissioners of the County Courts where and when the 
same shall be made & produced to them at the Laying their 



222 Assembly Proceedings, Nov. \\-Dec. 8, 1688. 

Lib. w. h. respective County Leavies) shall yearly and every year that 
the same is made and produced dureing this Act for his 
Encouragement be allowed four hundred pounds of Tobacco 
for the same out of the County Leavy over and above the 
allowance by this act for Encouragem 1 of makeing Linnen & 
woollen thereby given and to him that shall make or Cause to 
be made any peice of Linnen of the length and breadth afore- 
said being next in finesse and goodnesse to the first and 
adjudged so as aforesaid & produceing the same as aforesaid 
shall haue the Summe of two hundred pounds of Tobacco and 
to him that shall make or cause to bee made any peice of 
Linnen of the length and breadth as aforesaid of the next in 
goodnesse and finesse to the first and second and produceing 
the same as aforesaid & adjudged as aforesaid shall haue the 
Summe of one hundred pounds of Tobacco & the person or 
psons makeing or causeing to be made the Three finest and 
best peices of woollen Cloth of the length & breadth aforesaid 
shall haue the Severall allowances as aforesaid as for Linnen 
cloath this Act to Indure for Seaven yeares from the twenty 
ffifth day of Decemb: next Ensueing. 

An Act for Encouragem 4 of sowing and makeing 
Hemp and flax within this Province. 

Bee it Enacted by the R" hono blc the Lord Prop ry by and 
the advice and Consent of the vpper and Lower houses of this 
present Generall Assembly & the authority of the same that 
from and after the end of this p r sent Sessions of assemby if 
any pson or persons whatsoever Inhabitants within this prov- 
ince shall and will by himselfe or Servants, or by any other by 
p. 307 him Imployd or hired Cause or procure to be Sowed any Lin- 
seed otherwise called hemp seed or flax seed and shall after 
the gathering thereof cause such flax or hemp so raped or 
gathered to be braked swineled and made Merchantable fitt 
for Sale, such pson or psons Inhabitants within this Province 
shall for his and their Encouragem' in so good a worke demand 
haue and Receive for every pound of flax or hemp by them so 
made Merchantable and fitt for Sale as afores d Two pounds of 
tobacco for every pound of flax & one pound of Tobacco for 
Every pound of hemp to be paid him or them by the Commis rs 
of the respectiue County Courts within this Province & Raised 
out of the respective County Leavie of the said severall and 
Respective Countyes where such flax shall be sowed braked 
swineled made Merchantable & fitt for sale as aforesaid pro- 
vided such person or psons makeing such flax or hemp as 
aforesaid shall by produceing the same to the Commiss rs of 



Assembly Proceedings, Nov. \\-Dec. 8, 1688. 223 

the said County Courts or to any other person or -psons by them Lib. w. h. 

from time to time appointed or by any other wayes or meanes 

whatsoever sattisfie and make it appeare to the Comiss" of 

the said severall & Respectiue County Courts that he or they 

or his or their Servants or workemen haue made or Caused to 

bee made any quantity of flax or hemp and so braked swinled 

& made Merchantable & fitt for Sale as aforesaid. This Act 

to Indure for seaven yeares from the 25 th day of December 

now next Ensueing. 

An Act against the Exportacon of wooll & old Iron 

Whereas the exportacon of wooll and old Iron is generally 
Conceived to be much prejudiciall to the Commonweath & 
good of this province Bee it therefore Enacted by the Lord 
Prop 17 by & with the Consent of the vpper & Lower houses 
of this present Generall Assembly that what -pson or -psons 
soever shall Export or shipp on board to the Intent to Export 
out of this Province either wooll or old Iron shall for every of 
their offences in soe doeing pay as foil (Viz 1 ) for every pound 
of wooll fifty "pounds of tob° And for every pound of Iron tenn P- 3° 8 
pounds of Tobacco the one halfe of which said payments & 
forffeitures shall be paid to the Informer & the other halfe to 
the Lord Prop ry & this Act to Continue three yeares or to the 
end of the next Generall Assembly. 

An Act for Repareing the State house 

Whereas an Act was made in the fforty Second year of the 
Dominion of the R" hono ble Caecilius absolute late Lord & Prop ry 
of the Provinces of Maryland & Avalon Lord Baron of Balti- 
more &c a of noble memory Deceased for the Erecting & 
Building a State House in the City of S' Maries which said 
State house for want of Repaireing gone very much to decay 
and ruine Bee it Enacted by the R" hono ble the Lord Prop ry by & 
with the advice and Consent of the vpper and Lower houses of 
this p r sent Generall Assembly and the authority of the same, 
that there be added in length to the wall of the north west 
gable end ffive foot, which wall to be of the same thickness as 
the wall now is & that there be built a brick Chimney at the 
same end with one fire hearth below & another aboue. the 
fire hearth below to be tenn foot from Jawine to Jawine and 
the vpper hearth to be Eight foot from Jawine to Jawine & 
that the said Chimneys' be built so, that neither of them cause 
any of the Roomes to be smoaky, and likewise that the wall 
of the Southwest Gable end be taken downe as farr as shall 



224 Assembly Proceedings, Nov. i^-Dec. 8, 1688. 

Lib. w. h. be Judged necessary & the same be Rebuilt againe (the defect 
being Supply'd) as formerly and alsoe the windowes behind 
the Court of Judicature be filPd vpp with good mortar & 
bricks & that all other places so wanting be likewise done as 
aforesaid, and that all the pantiles belonging to the roofe of 
the said house be taken downe, and that all the Inside of Each 
•pticular roome in the whole house be plaistered & that all the 
•ptition walls be likewise lathed and plaistered with good well 
sifted Lime & clean Sand and hair for the first Cote, and the 
second Cote Lime & haire well white washed, & that all the 
floores below staires be Laid with paveing Stone, the same 
stone to be purchased and brought in place at the Charge of 
the province and to place in the windowes where need shall 
be strong Iron barrs all at the same Charge to be provided all 
p. 3°9 and every the above mentioned reparacons & the severall 
particulars, be Sufficient Substantial! & workmanlike done 
and -pformed within the Space of Eighteen months after this 
p r sent Sessions of Assembly, for the doeing •pformeing, Com- 
pleateing & finishing all and every the aboue menconed par- 
ticulars Sufficient & workmanlike, Bee It therefore Enacted 
by the authority aforesaid that Richard Benton bricklayer who 
hath vndertaken to finish and Compleat all the abouesaid par- 
ticulars as is above Expressed & hath given Security to 
•pforme the same be paid out of the publick Leavy of this 
province the Summe of fforty thousand pounds of Tobacco, 
And bee it further Enacted by the authority aforesaid that all the 
rafters in the whole house be amended & Repaired where the 
same shall be requisite & that all the roofe & other Coverings 
belonging to the whole house be planked with good Sound 
pine boards Inch thick free from heart shakes and Splitts & 
the Edges champherd away so that they may overlapp Suf- 
ficiently for Shingling & that the same be well Nailed with 
tenn peny Nailes, & also that all the whole roofes belonging 
or appertaining to the said house be shingled with good 
Ciprus Shingles twenty four Inches in length in thickness one 
Inch and in breadth from Six to nine Inches the same to be 
well Jointed and close Laid, and well nailed with Six peny 
Nailes & that there be a good and Substantial] Beame fastened 
to the principall Rafters of the South west Gable end where the 
same ar Spread for want of such a beame, and that the floore 
be lengthened at the North west end with a new Summer and 
other timber work Convenient & sufficient for the said addicon 
& that the severall Offices that now are be taken downe & 
placed at the South East end of the said house & made fitt 
for latheing & plaistering & that there be a Strong white 
Oake mantle tree in the Roome below, and an other to the 



Assembly Proceedings, Nov. \/\.-Dec. 8, 1688. 225 

fire hearth above and that all the staires and floores where the Lib - w - h. 

same are defectiue be made eood & Substantiall and alsoe be 

made good folding windowes of halfe Inch good board for all 

the windowes of the said house aboue and below Staires for 

w ch said worke so done Compleated & finished, and every 

part & parcell thereof substantially and workmanlike Bee It 

alsoe ffurther Enacted by the authority aforesaid that Joseph P- 3 J0 

ffreeman Carpenter who hath vndertaken to doe pforme & 

finish all & every the abovesaid particulars according as is 

above Expressed, and hath given Security to -pforme the same 

be paid out of the publick Leavy of this province the summe 

of Twenty Thousand pounds of Tobacco to be paid & allowed 

in S' Maries, Calvert, Charles & Ann Arrandell Countyes or 

some of them, & alsoe the other payment to Richard Benton 

to be made in the same Countyes. 

An Act for payment and assessing the 
publick Charge of this Province 

Whereas there hath been Three hundred ninety seaven 
Thousand One hundred twenty and ffive pounds of Tobacco 
Expended laid out and disbursed by the vpper and Lower 
houses of this p r sent Generall Assembly and by Severall other 
the good people of this province for the publick good of the 
same & to the Intent that the same may be Sattisfied & paid 
to those psons to whome the same is due Bee It therefore 
Enacted by the R" Hono ble the Lord Prop ry by and with the 
advice and Consent of the vpper & Lower houses of this 
p r sent Generall Assembly & the authority of the same that the 
said Three hundred ninety Seaven Thousand One hundred 
twenty & ffive pounds of Tobacco be paid in manner and 
forme as is hereafter Expressed that is to Say to Samuell 
Sewall of Sommersett County Two hundred pounds of 
Tobacco, To George Burgess of Ann Arrund 11 County one 
Thousand & Sixty pounds of Tobacco, to ffrancis Jenckins 
High Sherriffe of Sommersett County Nine thousand Nine 
hundred & Eighty ffive pounds of Tobacco, to Andrew 
Abington ffive thousand ffive hundred & thirty pounds of 
Tob° to Richard Tull nine Thousand ffour hundred and tenn 
pounds of Tobacco To Philip Lynes Eight Thousand ffour 
hundred & Eighty pounds of Tobacco, To Thomas ffoster of 
S' Maries County Sixteen hundred pounds of Tobacco, to 
Doct r Joseph Sempile sixteen thousand pounds of Tobacco 
Devenish Ninety pounds of Tobacco, to Coll: Peter Sayer 
Seaven hundred & tenn pounds of Tobacco, to William 
Blankestein of S' Maries County ffive hundred & fforty pounds P . 311 



226 Assembly Proceedings, Nov. \^-Dec. 8, 1688. 

Lib. w. h. of Tobacco, to Cap' Joshua Doyne Sherriff of S' Maries 
County five Thousand ffive hundred & Eighty pounds of 
Tobacco, to Thomas Casey of Caecill County Eight hundred 
pounds of Tobacco to Jn° Evans Cryer of the provinciall 
Court, two Thousand Six hundred Twenty four pounds of 
Tobacco, to Thomas ffaddock of S' Maries County forty 
pounds of Tobacco, to M r Edward Jones of Caecill County 
One hundred pounds of tob° to Charles Lane of Kent County 
Eight hundred pounds of Tob° to William Gwyther Nine 
hundred & Eighty pounds of Tob° to Thomas Yearesly of S' 
Maries County Three thousand ffive hundred & seaventeen 
pounds of Tobacco, to the severall Sherriffes following (that is 
to Say) to the Sherriff of Caecill County Seaven hundred & 
twenty pounds of Tob° to the Sherriffe of Kent County Seaven 
hundred and Twenty pounds of Tob° To the Sherriff of Tal- 
bott County seaven hundred and twenty pounds of Tobacco, 
to Cap' Joshua Doyne One Thousand pounds of Tob° to the 
Sherriffe of Dorchesf County Seaven hundred & twenty 
pounds of Tob° to the Sherriffe of Sommersett County Seaven 
hundred & twenty pounds of Tob° to M rs Eliz a Baker four 
Thousand Eight hundred & Eighteen pounds of Tob° to M r 
Anthony Vnderwood six thousand thirty seaven pounds of 
Tob° to Joseph Edloe of Calvert County Two thousand four 
hundred & ninety six pounds of Tob° to M r Gerard Van- 
swearingen twenty one thousand one hundred ffifty Eight 
pnds of Tob° to M r Thomas Grunwin Clk of the vpper house 
of Assembly Seaven Thousand pounds of Tobacco, to William 
Dent Clk of the Lower house of Assembly Seaven Thousand 
pounds of Tobacco to Edward Boothby Three Thousand five 
hundred pounds of Tob° to M r Richard Tull Three thousand 
ffive hundred pounds of Tob° to M r James Cullen three thou- 
sand five hundred pounds of Tob° to William Taylard four 
Thousand pounds of Tobacco to Thomas Dekins three thou- 
sand pounds of Tob° to Richard Edelen twelve hundred 
pounds of Tob° to Anthony Evans sixteen hundred pounds of 
Tob° to Arthur Keife of S' Maries County One hundred 
pounds of Tob° to Thomas Beale fifty Seaven Thousand One 
hundred thirty Six pounds of Tob° to M r Garrett Vanswar- 
p. 312 ingen ffive thousand pounds of Tobacco to M r Jn° Turling 
three thousand pounds of Tob° to M r ffrancis Pennington two 
thousand pounds of Tob° to M r Mathews of Charles County 
priest One thousand pounds of Tob° to Richard Benton tenn 
thousand pounds of Tob° to Joseph freeman Six thousand 
pounds of Tob° to Christop r Nutter four thousand pounds of 
Tob° to John Boye Clk: two thousand pounds of Tob° to M r 
Henry Denton Eighteen thousand Seaven hundred & Eight 



Assembly Proceedings, Nov. i^-Dec. 8, 1688. 227 

pounds of Tob° to Doctor Joseph Sempile three thousand One Lib. w. h. 
hundred thirty three pounds of Tob° to Maj r Thomas Long of 
Baltemore County two hundred & ffifty pounds of Tob° to M r 
Garrett Vanswaringen One thousand Seaventy Seaven pounds 
of Tob° to Robet Mason One hundred sixty five pounds of 
Tob° to Thomas Yearesly more One hundred and seaventy 
pounds of Tob° to M r Richard Tull two hundred pounds of 
Tob° to Doctor Joseph Sempile Eight Hundred ffifty five 
pounds of Tob° to M r Edward Jones of Csecill County five 
hundred fforty three pounds of Tob° to M r Philip Lynes Eight 
hundred pounds of Tob° to be paid to the Servants of his 
house that attended the Burgesses this Assembly to M r Henry 
Denton ffour hundred pounds of Tob° to be paid his servants 
that attended as afores d this Assembly to M r Garrett Van- 
swaringen four hundred pounds of Tob° to be paid to his Ser- 
vants that attended as aforesaid to Thomas Beale four hun- 
dred pounds of Tobacco to be paid to his Servants that 
attended this assembly, to the Clk that shall make vpp the 
Leavie this p r sent year three thousand pounds of Tob° to 
Philip Lynes for ordinary Expences One hundred thirty four 
thous d five hundred thirty three pounds of Tob° and further 
that there be paid & Satisfied to the Severall Sherriffes in this 
province for their Sallery for Collecting the said summe of 
Three hundred Ninety seaven thousand One hundred twenty 
& five pounds of Tob° the summe of thirty nine thousand 
seaven hundred and twelve Pounds of Tob°and Bee it further 
Enacted by the advice Consent & authority af d that the af d 
Summes of Tob° amounting in the whole to the summe of 
ffour hundred thirty six thousand Eight hundred Thirty & 
Seaven pounds of Tob° to be Levied and Assessed by an 
Equall assessment vpon the psons & the Estate of Inhabitants 
of this province & be paid to the severall persons Whome the p- 3*3- 
same is due according to the accounts Disbursments & 
Necessary Charges of this province which haue bin Examined 
Stated & allowed by the vpper and Lower houses of this 
present Generall Assembly, any law custome or Statute to the 
contrary in any wise Notwithstanding. 

His Lordship willeth These to be Lawes 

Henry Darnall 
Keep 1 



PAPERS RELATING TO THE 
ASSOCIATORS' ASSEMBLY, 

1689. 



Copy of the Answer sent to the Burgesses from the Indians. ?• R - o. 

August y e 23 d 89. 

These may acquainte you what we whose names are under- 
written have according to request bin and treated with the 
Indians, and doe find 'em to be very civill and kind, and desire 
nothing but peace and quietness but that in part thorough the 
instigation of bad people, and chiefly doe instance Andrew 
Gray, that the English in one moone would cutt them all off, 
likewise concerning an Indian woman, which they say was 
kill'd by Cornelius Mulraine's wife, which they have expected 
some satisfactory answer, concerning which as yett, they have 
not received, also that the said Cornelius since their departure 
offered great abuse in robbing them of their cannows, corn, 
matts, bowles & basketts and they say their chests have been 
broke open, and since they have bin gone out, the said Grey 
hath bin with'em, and threatened them if they would not come 
home,, he would gett a party of men and fetch'em -p force ; 
Likewise they say, they have ten Indians which went between 
Oxford Towne and Col. Lewes', and that their time of return 
is relapsed and are not satisfied what is become of 'em, Wereof 
all these things being computed together hath seized them 
with feare, butt that they were very joyfull at our comeing and 
were takeing up their goods to return to their habitations. 

John Stanley W m Dickenson 

John Hawkins W m Stevens 

Clement Sales W ra Bexley. 

This is the Copy of the Answer sent to the 
Burgesses from the Indians. 

Address 

Of the representatives of their Majestyes Protestant Subjects, 
in the Province of Mary-Land assembled. 

To the Kings most Excellent Majesty 

Whereas we are with all humility fully assured that the 
benefit of your Majestyes glorious undertakeings and blessed 
success, for the Protestant religion, and civil rights and liber- 
tyes of your Subjects, was graciously intended to be extensive, 
as well to this remote part, as to all others of your Majestyes 



232 Papers relating to the Associators Assembly, 1689. 

p. r. o. Territories and Countries ; and being thereby influenced to 
express our utmost zeal and endeavours for your Majestyes 
service, the Protestant Religion, here of late notoriously 
opposed, & your Majestyes soveraigne right and dominion, to 
this your Majestyes Province of Maryland, invaded and 
undermined, by our late Popish Governors their Agents and 
Complices. 

Wee your Majestyes most dutyful & loyal Subjects of this 
Province, being assembled, as the representative Body of the 
same, doe humbly pray your Majestyes gracious consideration, 
of the great grievances & oppressions wee have long laien 
under, lately represented to your Majesty, and directed to 
your Majestyes principal Secretaryes of State, in a certain 
declaration from the Comanders, Officers & Gentlemen lately 
in Armes for your Majestyes service and the defence of the 
Protestant religion. 

And that your Majesty would be graciously pleased in such 
wayes and methods as to your princely wisdom shall seeme 
meet, to appoint such a deliverance to your suffering people, 
whereby for the future our religion, rights and Lyberties may 
be secured, under a Protestant Government by your Majestyes 
gracious direction especially to be appointed. 

We will wayte with all becomeing duty and loyalty your 
Majestyes pleasure herein ; And will in the mean time, to the 
hazard of our lives and fortunes persevere, and continue to 
vindicate and defend your Majestyes right and soveraigne 
dominion over this Province, the Protestant religion, and the 
civil rights & liberties of your Majestyes Subjects here, against 
all manner of attempts and opposition whatsoever. Hereby 
unanimously declareing, that, as we have a full sense of the 
blessing of Heaven upon your Majestyes generous under- 
takings, soe will endeavour to express our due gratitude for 
the same, as becomes professors of the best of religions, and 
Subjects to the best of Princes. 

Maryland printed by order of the Assembly at the Citty of 
S' Maryes August 25 th 1689. 

This is a true Copy of the Originall 
Attested p 

John Llewellin. Clk. of Ass: 

(Endorsed) 
Maryland 

26 th August 1689. 
Address of the Representatives to the King 
Rec d from my Lord Shrewsbury 7 th Feb: 89. 
Copy rec d : 31. December. 



Papers relating to the Associators 1 Assembly, 1689. 233 

[Letter to the adjacent Colonies.] p. r. o. 

By the Assembly in Maryland 28. Aug: 1689. 
Gent m 

Whereas of late divers horrid conspiracies contrivances and 
combinations have been had, made used, practised and man- 
aged by and betweene several persons of principal note, and 
others in Authority within this Government, popishy and 
evilly affected, and the severall nations of northern and other 
Indians in these parts of America, tending to and designeing 
the ruin, destruction and utter extirpation of their Majesties 
loyal Protestant Subjects here, as we have good cause to sus- 
pect & believe not only from the severall evidences, depo- 
sitions, examinations, inquisitions and other circumstances 
before us thereunto relateing, but also from the inward guilt 
and conviction of the principall Agents and Managers thereof, 
who (to evade the punishment justly due to them for the same, 
& not able to abide the test) have privately, unknown, and in 
disguise betaken themselves for refuge to some other more 
remote parts within our neighbouring Collonies and planta- 
tions (as we have credibly read : been informed and can 
testifie) and doe still abscond from the hands of justice, in the 
most hidden and secreete places, seeking and watching for all 
opportunities, and advantages by such undue, unchristian and 
inhumane practises and combinations as aforesaid to effect and 
bring to pass such their wicked intents and designes as afore- 
said, to the great horror & consternation of their Majesties 
said Protestant Subjects here, as their feare and jealousies ■ 
ariseing from such proceedings have justly insinuated and 
inculcated into them. And whereas there can be found noe 
meanes (as we know of) more effectual for the true discovery 
and bringing to condign punishment such grievous & heinous 
crimes, or more conduceing to their Majesties Service and 
interest, and the good & welfare of their Subjects in generall, 
then a friendly and amicable mutuall Correspondency betweene 
their severall Governments (of such vicinity especially and 
under such circumstances as we are) Wee therefore the Dele- 
gates & representative Body of this Province now assembled 
and mett together in their Majesties names, and for their 
Majesties service, having in the first place (according to our 
bounden duty asserted & proclaimed their Sacred Majesties 
King William & Queen Mary's lawfull and undoubted right 
and title to this Province as well as to other their Dominions 
and Territoryes, as (we doubt not) you have also done ; Doe 
in the next place as Friends, Neighbours and fellow Subjects 
sollicit and court your friendly and neighbourly Correspond- 
ency upon all occasions, by imparting and cofnunicating to us 



234 Papers relating to the Associators' Assembly, 1689. 

p. r. o. from time to time and at all times hereafter as occasion shall 
require all matters of import conduceing any way to their 
Majesties Service and the good and welfare of their subjects 
here, also by suppressing seizing and securing all such sus- 
picious and suspected persons as already are or shall at any 
time hereafter fiye or go from here into your Government, 
without good & sufficient lycense from some Magistrate or 
other person or persons thereunto lawfully authorized and 
appointed within this Province; or other good, pregnant & 
undeniable circumstances otherwise clearing them ; and in all 
things whatsoever to bear us your hearty affections love and 
good will in all the waies of Friendshipp and a mutuall good 
correspondency; all which we shall with all due care imagin- 
able labour to preserve & keepe inviolate on our parts towards 
you, omitting nothing that may appear serviceable or anywaies 
conduceing to your interest, peace & welfare. Whereunto we 
desire all faith & credence may be given. 

Idem to Pensylvania, New York 
and New England. 

To the right hon ble the Deputy 
Gov r or President of their Majesties 
Colony of Virginia & the rest of the hon ble 
their Majestie's Councill of State there. 
These 

(Endorsed) 
Maryland, 

28. August 1689. 
Letter from the Assembly to the Adjacent Colonies. 
Rec d from Lord Baltemore 31. Dec r 1689. 



[Order concerning Jacob Young and the Indians.] 

By the Assembly, Aug' 28 th 1689. 

Forasmuch as severall Overtures have been made by some 
of our late greate Officers and others popishly affected within 
this Province to the Northern Indians and others for the ruin 
& destruction of their Majesties Protestant Subjects here, (as 
we have credibly been informed) to the greate terror, amaze- 
ment and consternation of the Inhabitants of this Province: 
And whereof Jacob Young formerly employed by this Prov- 
ince in affaires of this nature, as well knowne and skilled in 
the language and customes of the said Indians) hath been 
deemed by this House a person most fitt and capable to 



Papers relating to the Associators 1 Assembly, 1689. 235 

negotiate in the present juncture ; and it being altogether *"• R- o. 
uncertain how long this Assembly may now sitt. 

Voted and ordered in this House that immediate notice be 
hereby given to the said Jacob Young, forthwith and as soon 
as possibly may be after receipt hereof, to repair to this 
Assembly if the same shall be then sitting, or else to Captain 
John Cood or M r Nehemiah Blackiston at their houses in or 
neere Pottomock river within this Province, who by them- 
selves jointly or severally, or together with the rest of the 
gentlemen lately associated in Armes for their Majestie's Ser- 
vice are hereby desired, fully authorized and empowered to 
treat with the said Jacob Young concerning the Premisses, 
and to make and give such further necessary Orders, Instruc- 
tions and directions to the said Young for the management 
thereof, as they or either or any of them shall think fitt and 
convenient most conduceing to their Majesties Service and 
the good and welfare of their Subjects the Inhabitants of this 
Province. 

Hereby granting, promising. and assureing to the said Jacob 
Young free and safe conduct for himselfe and whom else he 
shall think fitt to bring with him for the present occasion, 
speedy and effectual redress to all his just grievances and 
complaints if any he hath to represent, and also full and suffi- 
cient satisfaction for his paines, trouble and charge herein to 
be taken, susteined and expended. 

(Endorsed) 
Maryland 

28. August 1689. 
Order of the Assembly concerning Jacob Young and the 
Indians. 

Rec d from my Lord Baltemore 
31. December 1689. 



[Letter to Richard Johnes.] 
By the Assembly August 31 st 1689. 

M r Rich d Johnes, 

Whereas the House have been informed that diverse mali- 
tious and evill reports have been spread abroad amongst the 
Neighbourhood and Inhabitants of Anne Arrundell and your 
County (by persons popishly inclined, and otherwise ill affected 
to their Majesties King William and Queen Mary, and the 
present Authority now mett together and assembled in their 
names) that it is by them designed to surprize, seize and take 
into Custody several persons of note in both the said Counties 



236 Papers relating to the Associators 1 Assembly, 1689. 

p. r. o. as they have already done M r Richard Smith, M r Tavey, and 
M r Butler now in hold: This House for the generall satisfac- 
tion of all the good people of this Province, more especially 
the Inhabitants of the said two Counties therein more particu- 
larly and neerely concerned) have thought fit to signifie and 
make knowne, And be it hereby knowne to all persons that 
the said reports are altogether fabulous and fictitious, false and 
untrue, raised and contrived only by some malitious, evill and 
ill affected persons as aforesaid, on purpose to divert, obstruct 
& prevent if possible the unanimous and joint concurrent pro- 
ceedings of this House in their honest & just endeavours to 
settle and establish the Government of this Province in peace 
and quietness, according to the true intent and meaning of 
this House ; for which end and to no other intent and purpose 
this House doe declare they are now assembled and mett 
together. They doe alsoe further say, & give assurance 
hereby, that they have not, neither know of any charge against 
any particular person whatsoever in either of the said 
Counties publickly resident or inhabiting, neither have they 
any designe or intent to trouble, molest or prejudice them in 
their persons or estates, but that the said Smith, Tavey and 
Butler now in custody are the only delinquents they know of 
against whom they have anything at present to say or charge, 
and that the rest of your Neighbours or Inhabitants as afore- 
said are (soe farr forth as is knowne or made appeare) free 
and clear of any imputation of that nature, and therefore upon 
the Faith of this House have free liberty & safe conduct upon 
all occasions, to make their applications to this House, or any 
Member thereof, or otherwise to travell & pass to and fro about 
their lawfull occasions without lett, hindrance or molestation. 

And to the end that the sense of this House may the better 
be published and made knowne for the satisfaction of all their 
Majesties loving Subjects in both said Countys, This House 
have made choice of you M r Rich d Johnes as a person of good 
credit & repute, & therefore most fitt to comunicate & make 
publick the same, which you are hereby desired to doe, in such 
manner & forme as to you shall seeme meete & convenient, 
alsoe to inform yourselfe the best you cann, & signifie to this 
House soe soone as possible, the reason why the Election in 
Anne Arrundell County hath been obstructed, the Members 
whereof are the only persons now wanting to fill up this 
House. 

(Endorsed) 

28. August 1689. 

The Assembly's letter to Richard Johns. 

Rec d from the Lord Baltemore the 
31 s ' December 1689. 



Papers relating to the Associators' Assembly, 1689. 237 

Proclamation concerning Captain Hill p. r. o. 

dated 2 Sepf 1689. 
Maryland ss. 

By the Assembly 

A Proclamation. 

Whereas by the Instigation of Captain Richard Hill of Ann 
Arrundell County and others his Associates and Accomplices 
malitiously insinuating into the Inhabitants of the said County, 
the great and extraordinary Charges and Taxes like to be 
brought upon them by the convening and sitting of this 
present Assembly and endeavouring to seduce them (against 
their inclinations and contrary to the example of the rest of 
the whole Province in generall) from their natural obedience 
to their sacred Majesties by persuading & diverting them from 
electing and sending to this Assembly their Representatives, 
to serve in the same as in their Majestie's names they were 
required and oblidged. The grand affairs of this Province now 
under the consideration of this said Assembly have bin much 
obstructed and retarded, of the fatall mischeefes and inconve- 
niencies whereof the said Hill and his accomplices being truly 
conscious, and to avoyd themselves the pains and penalties 
thereon ensuing have craftely, falsely & mallitiously imputed 
the same to the unanimous concurrent consent and act of the 
s d Inhabitants in generall as by their letter to the House read 
and recorded in the Journall thereof hath been suggested and 
sett forth whereby to render them the more obnoxious and 
lyable to their Maj ties just displeasure and censure of this 
House and all other their Majesties loyall Protestant Subjects. 
We therefore the Delegates & Representatives of this Prov- 
ince in Assembly now sitting in the Citty of S' Marys, having 
taken cognisence thereof and duely considered the same 
willing to undeceive and rightly to informe their Majesties' 
loyall Subjects in the said County of Anarrundell and else- 
where within this Province blinded and misled by the pre- 
tended false zeal of the said Hill his accomplices and others to 
deliver them from the perill and danger thereof and to reduce 
them to their due obedience to our Soveraigne Lord and 
Lady King William and Queen Mary have thought fitt hereby 
to publish, proclaime and declare that to all their Majesties' 
loving Subjects and Inhabitants of the said County and other 
alike concernd that shall forthwith desert, pronounce and pro- 
test against the wicked designe faction and conspiracy of the 
said Hill and his Accomplices their practises & proceedings 
as aforesaid contrary to the faith and allegiance which in duty 
they owne to their sacred Majesties disobeying and contemn- 
ing their sovereignty and authority in whose names we are 



238 Papers relating to the Associators 1 Assembly, 1689. 

p. r. o. now assembled, and not together will most assuredly & 
undoubtedly be aforded and indulged their royal Majesties 
gracious clemency and pardon and we doe hereby further 
. declare, publish and make knowne for the sattisfaction of the 
whole Province in Generall and as a farther encouragement 
to reduce them to a right understanding and a due sense of 
their duty and obedience to their Majesties that in order to 
settle the Govern 1 of this Province into some due method and 
establish the piece and quiet thereof so far forth as may be 
until such time as their Majestie's royal pleasure therein shall 
be farther signified and made knowne to us. We are now in 
their Majesties name assembled and met together and for no 
other intent and purpose whatsoever as we have always pre- 
tended and declared and that the greatest care and caution 
imaginable has and shall be used to effect the same with as 
little cost and charge to the Province as possibly may be as 
will appear by the publique leavy this year the least we dare 
affirrae that ever any Assembly yet produced, not exceeding, 
according to calculation five and twenty pounds of tobacco 
per poll or thereabouts, although the same hath advanced the 
one moyetie at least by means of the refractory Omission of 
the said County as aforesaid for whose representatives only 
this House hath so long waited in vain and therefore we pro- 
ceed boldly to vindicate, Justine & maintain our lawfull, neces- 
sary and just convention at this time and legall proceedings 
therein against all opposers gainsayers and enemies thereunto 
whatsoever whome together with their adherents, aiders and 
abettors that shall notwithstanding still hereafter persist, con- 
tinue and abide obstinate refractory and disobedient to their 
sacred Majesties and this present Authority under them we 
doe hereby proclaime, publish and pronounce Rebells and 
Traytors to our said Soveraigne Lord and Lady King William 
and Queen Mary and as such to be deemed, reputed & taken 
and to be dealt with and proceeded against accordingly and 
we doe hereby order & appoynt To publishe and make Procla- 
mation hereof in the most publickand convenient places in the 
same County whereof he is not to faill at his perill. Given at 
the Citty at S' Maries the second day of September in the 
first year of their Maj ties reigne Ann: Dom: (89.). 

God save King William and 
Queen Mary. 

(Endorsed) 
Maryland 

2. Sepf 1689. 
Proclamation concerning Captain Hill. 

Rec d from my Lord Baltemore 
31. Dec r 89. 



Papers relating to the Associators 1 Assembly, 1689. 239 

The Address of the Representatives of their Majesties p. R. o. 
Protestant Subjects in the Province of Maryland assembled. 

To the Kings most excellent Majestie 

Whereas we are with all humility fully assured that the 
benefitt of your Majestie's glorious undertakings, and blessed 
success for the Protestant Religion, and civill rights and liber- 
ties of your Subjects, was graciously intended to be extensive 
as well to this remote part, as to all others of your Majestie's 
Territorys and Countreys, being thereby influenced to express 
our utmost zeal and endeavors for your Majestie's service and 
the Protestant Religion, here of late notoriously opposed, and 
your Majestie's sovereign dominion and Right to this your 
Majestie's Province of Maryland invaded and undermined by 
our late Popish Governors their Agents and Complices. 

Wee your Majestie's most dutifull and loyall Subjects of the 
said Province being assembled as the Representative Body of 
the same ; doe humbly pray your Majestie's gracious con- 
sideration of the great grievances and expressions wee have 
long layne under, lately represented to your Majestie and 
directed to your Majestie's principall Secretary of State, in a 
certain Declaration from the Commanders, Officers and Gentle- 
men in Armes for your Majesty's service and defence of the 
Protestant Religion. 

And that your Majesty would be graciously pleased in such 
waies and methods as to your Princely wisdom shall seem 
meete, to appoynt such a deliverance to your suffering People, 
whereby for the future, our religion, rights and libertyes may 
be secured under a Protestant Government by your gracious 
direction specially to be appointed. 

Wee will waite with all becomeing duty and loyalty your 
Majestie's pleasure herein, and will in the mean time (to the 
hazard of our lives & fortunes) persevere and continue to 
vindicate & defend your Majestie's right and soveraigne 
Dominion over this Province, the Protestant Religion and the 
Civil Rights and liberty s of your Majestie's Subjects here 
against all manner of attempts and oppositions whatsoever, 
Hereby unanimously declaring that as we have a full sense of 
the blessings of heaven upon your Majestie's generous under- 
takings, soe we will endeavour to express our due gratitude 
for the same as becomes Professors of the best of Religions, 
and Subjects to the best of Princes. 

Maryland — dated in the Assembly 
sitting at the State House in the City of 
S E Maryes the 4 th day of Sept 1 1689 
in the first year of their Majesties' reign. 



240 Papers relating to the Associators' Assembly, 1689. 

p. R- o. (Endorsed) 

Maryland 
4 th Sept r 1689. 
Address of the Assembly to the King 
Rec d : 31 Dec r 1689. 



[Reports from the Committee of Secresy.' 
dated 4 th Sept r 1689.] 

The Comitty of Secresy appoynted by the Present Assembly 
the representative Body of this Province doe make this Report 
as followeth — viz': 

We have Diligently, faithfully and with all due circumspec- 
tion made inquisition into the severall affairs and concerns 
cofnitted to our care for discovering the truth thereof & we 
finde First that the late popish Governors have contrived, con- 
spired and designed by several villanous practises and machi- 
nations to betray their Majestie's Protestant Subjects of this 
Province to the French, Northern and other Indians and that 
there hath been and still is eminent danger of our lives liber- 
tyes and estates by the malitious endeavours and combinations 
of the s d Governors with the Indians and papists to assist in 
our destruction and the subversion of our religion and we 
alsoe finde by the informations, examinations, evidences and 
depositions by us taken that the late Governors did prorogue 
& obstruct the last Assembly from meeting least the truth of 
their unjust contrivances and wicked designes should be made 
manifest and we the Committee aforesaid doe also discover 
and apparently finde the traiterous undertakings of the said 
Governors in their renuntiation, disowning and denying the 
right, title and soveraignty of King William & Queen Mary 
to the Crowne of England and its dominions, the verity of the 
above particulars are to be further proved by other numerous 
Circumstances and evidences that are now in custody of the 
said Committee for their Majestie's service. 

Vera Copia 

J n0 Skipper Clk: 

(Endorsed) 
Maryland 
4. Sept: 1689. 
Report of the Committee of Safety. 



Papers relating to the Associators 1 Assembly, 1689. 241 

An Ordinance for regulating of Officers Military and Civill p. r. o. 
and other necessary affairs for the present settlement of 
this Province. 

Whereas this present Generall Assembly having taken into 
their most serious and deliberate consideration the great neces- 
sity of the settlement of all affairs military and civill within this 
Province finding themselves obliged by their allegiance and 
duty to our soveraigne Lord and Lady the King and Queens 
most excellent Majesty King William and Queen Mary and 
out of the great care they have for the religion, lives, libertyes 
and propertyes of their Majestie's Protestant Subjects of this 
Province Have ordained constituted and enacted and doe 
hereby ordain constitute and enact for the present settlem' of 
affairs in the said Province till their Majesties' further pleasure 
be made knowne, these following respective regulations to- 
gether with the powers and authorityes hereby given and 
granted to the Officers and persons hereafter by this present 
Ordinance appointed 

That for regulating the affairs of the Militia in S' Marys 
County 

Capt: John Coode Commander in chiefe who is by this 
Ordinance impowered to raise and command a troop of horse 
as he shall see convenient, Major John Campbell for S' 
Georges Poplar Hill, Newtowne S' Clements bay hundred, 
Capt: Edward Greenhald for S' Marys, S' James, S' Inegoes 
and S E Michaels hundreds, Capt. Thomas Attaway for S' 
Clements hundred, Capt: John Dent for Chaptico hundred, 
M r Nehemiah Blackistone Capt: of a troope of horse for S 1 
Georges, Poplar hill Newtowne and the other hundreds on the 
east side of S c Marys river in the said County and the said 
Troope of horse to consist of fifty horsemen. 

That for regulating the affairs civill in S' Marys County 
M r Kenelme Cheseldyn, M r John Dent, Capt: John Coode, M r 
Nehemiah Blackistone Justices of the Quorum Major John 
Camball, M r Richard Clouds, M r John Llewellin, M r John Wat- 
son and M r Edward Greenhalgh Justices, M r John Watson, 
M r Elias Beech and M r Nehemiah Blackistone Coroners, M r 
Robert Carse Sheriffe and M r William Taylard Clerk 

That for regulating the affairs of the Militia in Kent County 
Mr John Hinson Capt: of a foot Company in Easterneck and 
Swann Creeke hundred, M r Cornelius Comegis Capt: of a 
Company of foot in Chester & Langfords bay hundred, Capt. 
W m Lawrence Comp a foote upon Kent Island. 

That for regulating the affairs Civill in Kent County. M r 
W m Frisby, M r John Hinson, M r Cornelius Comegis, M r Hans 
Hanson Justices of the Quorum, M r Daniel Norris, M r W m 
Harris, M r Simon Wilmore, M r Thomas Osbourne, M r John 



242 Papers relating to the Associators 1 Assembly, 1689. 

p. r. o. Coppage Justices, M r Simon Wilmore, and M r Richard Jones 
Coroners, M r Edward Sweatnam Sheriffe, and M r Michael 
Miller Clerke. 

That for regulating Affairs of the Militia in Ann Arrundell 
County. 

M r Edward Darcy Major of Horse, M r Nicholas Gasaway 
Major of foote, M r Nicholas Greenberry Capt: of foote in the 
room of Capt: Richard Hill, M r Edward Burgess Capt: of 
foote, M r Henry Hunslap Capt: of foote, M r Henry Ridgeley 
Capt: of foote. 

That for regulating the affairs Civill in Ann Arrundell 
County 

Major Nicholas Gassaway, Major Edward Darcy, Capt. 
Nicholas Greenberry, M r John Hamond, M r Thomas Tench 
Justices of the Quorum, M r Edward Burgess, M r Henry 
Ridgeley, M r Henry Cunstable, M r Richard Beard, M r Thomas 
Knighton, M r James Ellis, M r John Bennett Justices, M r John 
Bennett and M r Thomas Tench Coroners, M r Henry Hanslap 
sheriffe, and M r Henry Bonner Clerk. 

For regulating the affairs of the Militia in 
Calvert County. 
M r Henry Jowles Coll M r Ninian Beale Major M r Walter 
Smith Capt. of a Company of foote, M r Henry Mitchell 
Capt: of a Company of foot to be raised on the Clifts 
in the roome of Capt. Richard Ladd, M r Thomas Tasker, 
Capt: of a Company of foote in the roome of Richard Smith 
Junior, M r John Payne Capt: of a Company of foote to be 
raised betweene M r Henry Brents house in Pattuxent river and 
the mouth of the said river, M r Samuel Bourne Capt: of a 
Troope of horse as formerly. 

That for regulating the affairs civill in 
Calvert County. 
Coll Henry Jowles, Capt: Samuel Bourne, M r John Griggs, 
Capt: Richard Ladd Justices of the Quorum, M r Francis 
Hutchins, M r Geo: Lingham, M r Thomas Tasker, M r Thomas 
Brooke, M r Thomas Tasker, M r Francis Collier, M r Thomas 
Greenefield, M r James Keech, M r John Hans, and M r Thomas 
Gant Justices, M r Samuel Holdswirth and M r Thomas Gant 
Coroners, M r Andrew Abington Sheriffe and M r Henry 
Fearnly Clarke. 

That for regulating the affairs of the Militia in 
Charles County 
M r Humphrey Warren Coll of foot in the roome of Col: 
Edward Pye, M r James Smallwood Major of foot in the roome 



Papers relating to the Associators* Assembly, 1689. 243 

of Major John Wheeler, M r W m Barton Capt: of a foot Com- p. r. o. 
pany as formerly, M r Philip Hopkins Capt: of foote of Major 
Wheelers Company, M r John Addison Capt: of foote in the 
upper parts of Charles County and Newscotland, M r John 
Courte Capt: of horse in the roome of Capt: Randolph Beall. 

That for regulating the affairs Civill in 
Charles County. 
M r John Stone, Capt: W m Barton, Col: Humphrey Warren, 
M r W m Hatton Justices of the Quorum, M r Henry Hawkins, 
M r Randolph Hinson, M r John Courte, M r John Addison, 
Major James Smallwood, and M r William Hawton Justices, 
M r John Stone, and Col: Humprey Warren Coroners, M r Gil- 
bert Clarke Sheriffe, and M r Richard Boughton Clarke. 

That for regulating the affairs of the Militia in 
Baltemore County. 
M r Thomas Long Major in the roome of Col: Wells, M r 
Henry Johnson Capt: of the Company of foote lately com- 
manded by Col. Wells, M r John Thomas, Capt: of a foote 
Company in Petapsco river, M r Tho: Richardson Captain of a 
troope of horse. 

That for the regulating the affairs civill in 
Baltemore County. 
Capt: Henry Johnson, M r Edward Beadle, M r Maske Rich- 
ardson Justices of the Quorum, M r Francis Watkins, M r John 
Wallstone, M r George Goldsmith, M r George Ashman, M r 
Thomas Staley, M r Christopher Gest, M r John Thomas Jus- 
tices, M r Thomas Hedge, M r Francis Watkins Coroners, Major 
Thomas Long Sheriffe and M r Thomas Hedge Clarke. 

That for regulating the affairs of the Militia 
in Talbott County. 
M r William Combes Major of the horse, M r Thomas Harman 
Capt: of a troope of horse, M r John Stanley Capt: of a troope 
of horse, M r John Davis Capt: of a foot Company in the roome 
of M r James Murphy, M r W m Becksley Capt: of a foote Com- 
pany in the roome of Capt: George Cowley, M r Henry Alex- 
ander Capt: of a foot Company continued as formerly, M r W m 
Crump Capt: of a foot Company continued as formerly and 
M r Richard Sweatnam Capt. of a foote Company in the roome 
of Capt: Kennimon. 

That for regulating the Affairs Civill in 
Talbott County. 
M r Edward Mann, M r William Combes, M r George Ro- 
botham, M r Thomas Smithson Justices of the Quorum, M r 



244 Papers relating to the Assodators' Assembly, 1689. 

p. r. o. James Smith, M r Henry Coursey junior, M r George Robins, 
M r William Hinney, M r Michaell Turbute, M r Thomas Fisher, 
M r James Sedgewick Justices, M r George Robins and Nicholas 
Lowe Coroners M r Samuel Withers Sheriffe and M r Nicholas 
Lowe Clarke. 

That for the regulating the Affairs in the Militia 
in Somersett County 
M r William Colebourne Col: of foote, M r David Browne 
Capt: of a Company of foote, M r Charles Ratcliffe Capt. of a 
Company of foote in the roome of Capt: Osbourne deceased, 
M r Robert King Capt: of a Company of foot in the roome of 
Captain Smith, M r John Winder Capt: of a troope of horse. 

That for regulating the Affairs Civill in 
Somersett County 
Coll : William Colebourne, Capt: David Browne, M r Francis 
Jenkins, Capt: John Winder, M r William Brewerton and M r 
Robert King Justices of the Quorum, M r James Dasheete, M r 
Roger Woolfred, M r Thomas Newball, M r James Round, M r 
Samuel Hopkins, M r Edmund Howard, M r Stephen Luffe, and 
M r Thomas Jones Justices, Capt: David Browne, M r William 
Brewerton, M r James Round and M r Edw d Howard Coroners, 
Capt: William Whittington Sheriffe and M r Edmund Beau- 
champ Clarke. 

That for regulating the Affaires of the Militia in 
Dorchester County 
M r Henry Tripp Major of the horse in the roome of M r 
Thomas Tayler, M r Thomas Enolds Captain of a foote Com- 
pany in the place of Capt: Tripp, M r John Muket Capt: of a 
foote Company in the roome of M r Anthony Dawson. 

That for regulating the Affairs Civill in 
Dorchester County 
Major Henry Tripp, Doctor John Brooke, M r Charles Hutch- 
ins, M r John Woodward Justices of the Quorum, M r Henry 
Hooper, M r John Rudsen, M r Jacob Lokeman, Justices, M r 
John Woodward Coroner, M r Edward Pindar Sheriffe and M r 
Tho: Pattison Clarke. 

That for regulating the Affairs of the Militia in 
Cecill County 
M r Charles James Capt: of a troope of horse to be raised 
*y there — M r William Peace Capt: of a foote Company M r Ebene- 

zer Blackistone Capt: A of a foote Company in Worten and 
South Sassafras hundred 



Papers relating to tke Associators 1 Assembly, 1689. 2 45 

That for regulating the affairs civill in p. R. o. 

Cecill County 
Coll : S l Ledger Codd, M r William Dare, M r Edward Jones, 
M r Casparus Harman Justices of the Quorum, M r George 
Warner, M r Gideon Gundry, M r Nicholas 'Mum, M r William 
Ward, M r Edward Beck, M r Mathias Vanderheyden, M r John 
James Justices, M r Edward Jones and M r John James Coro- 
ners, Capt: William Pearce Sheriffe and M r John Thompson 
Clarke. 

That for regulating the affairs Civill in the Citty of 
S £ Marys. 
M r Kenelm Cheseldyne Recorder, M r John Llewellin M r 
W m Blackistone, M r John Walsen, M r Tho: Waughop, M r 
Robert Mason, Aldermen M r Elias Beech, M r Henry Denton, 
M r Thomas Beale, M r Joseph Sumpte, M r Charles Evans, M r 
Edward Greenhalgh, M r W m Aysquith and M r Philip Clark 
Common Councillmen : M r W m Taylarde Clarke. 

All which respective Commanders or Officers military as 
aforesaid in this Province are hereby fully authorized and 
impowered by the authority afores d to list train and exer- 
cise in their respective divisions their said respective Com- 
panys in the art of warr or military discipline as have been 
formerly accustomed in this Province or as by law they 
ought to doe, together with full power to suppress all home- 
bred insurrections or foreigne invasions against their 
Majesties Crowne and Dignity and the safety and welfare 
of the Inhabitants. Who are likewise hereby authorized 
and impowerd to commissionate their respective under 
Officers proper and necessary to their respective Com- 
panys and Divisions — As alsoe all the respective civill Officers 
in this Ordinance mentioned that is to say all Comissioners, 
Justices of the peace, Coroners Sheriffes and Clerkes in 
and for their respective Countys in kind by this present 
Ordinance already mentioned are hereby fully authorized and 
impowered to execute their respective authorityes and trust 
hereby confirmed given and granted as have been formerly 
accustomed by such Officers aforesaid, or as such Officers 
ought or are bound to doe by the lawes of England or the 
lawes of this Province, The Justices Comissioners and Clerke 
in the said respective Countys hereby appointed being to be 
summoned by the Sheriffs of the said respective Countys to 
the next ensueing County Court there to be sworne in open 
Court according to former custom the name stile and title of 
King William and Queen Mary onely used instead of the 
Lord Baltemore. 



246 Papers relating to the Associators 1 Assembly, 1689. 

p. r. o. And Whereas it is thought convenient for the encourage- 
ment of trade and dispatch of shipping that naval Officers be 
appointed in convenient districts in this Province Be it 
Ordained & enacted by this present Generall Assembly and 
the authority of the same that Capt: Samuel Bourne be and is 
hereby appointed naval Officer for Patuxent river and the bay 
and Capt: John Coode for Potomack River and M r Robert 
King for Somersett County in this Province to have and to 
hold the said respective Offices as aforesaid Who are to per- 
form the respective trusts belonging to the said Offices as such 
navall Officers have formerly done or by law ought to doe. 

And that there may be noe obstructions in proceedings 
about the Probat of Wills and the affairs of Adm r con Be it 
Ordained and enacted by the authority afores d that the respec- 
tive Commissioners and Officers aforesaid in their respective 
County Courts be and are hereby empowered and authorized 
to take the Probat of Wills and grant letters of Administration 
with good security according to law, and to keep a true & 
perfect record of the same among the Records of the respec- 
tive County Courts aforesaid — And as to other matters actions 
or process in the said Courts undetermined they are to be con- 
tinued and proceeded upon according to their first comence- 
ment and originall process at the next Court according to Act 
of Assembly And that noe in such proceedings shall be 

sufficient to reverse any Judgement in either prov 11 or County 
Courts nor shall there be any advantage taken thereby to the 
prejudice or detriment of any person whatsoever anything in 
this present Ordinance or any other law to the Contrary in 
anywise notwithstanding 

And Be it likewise ordained constituted & enacted by the 
authority aforesaid that the provinciall Court of this Province 
and all other matters, actions or process therein are to be and 
continue in the same state manner and condition according 
to their respective natures as formerly left upon the Records 
of the said Court as they last adjourned or as they now stand 
soe to be and continue as aforesaid untill their Majesties 
further pleasure be knowne in relation to this Province, and 
the books records and papers of the said Provinciall Court or 
belonging to the respective publick Offices att S' Marys be 
and are hereby committed to the care Custody and charge of 
M r John Llewellin who is to look after and preserve the same 
to the best of his ability, for which he is to keep a man there 
at the publick charge of this Province which shall be allowed 
in the publick leavy. 

And Be it likewise ordained constituted and enacted by the 
authority aforesaid, that the temporary laws of this Province 
be and are hereby continued and in force according to their 



Papers relating to the Assodators' Assembly, 1689. 247 

respective natures & date, and as by law they ought as if this p. r. o. 
present Generall Convention had never happened. 

And be it likewise Ordained by the authority afores d that 
M r Kenelm Cheseldyn, Capt: John Coode, M r Nehemiah 
Blackistone, Coll° Henry Jowles, M r Gilbert Clark, M r John 
Addison and M r John Courts or any four of them together 
with John Llewellin or William Taylard their Clerk be and 
are hereby constituted and appointed a Committee for the 
whole Province for the allotting, laying and assessing the 
publick leavy of this Province to meete and conveene at 
Charles Towne in Charles County on Munday the seaventh 
day of October next for that purpose to which end the respec- 
tive Sheriffs in this Province are to bring in their lists of tax- 
ables at the time & place by this present Ordinance appointed, 
Provided Nevertheless and be it hereby ordained by the 
authority aforesaid that nothing in this present Ordinance shall 
be deemed accepted understood or construed to give or con- 
tinue the former usuall title of the Lord Baltemore hitherto 
used in this Province in any publick Instrument doings or pro- 
ceedings whatsoever but instead there of the names royall 
stile and title of King William and Queen Mary be for the 
future made use of and noe other. Not hereby willing and 
intending to judge or determine the right or title the said 
L d Baltemore hath or formerly had to the Proprietaryship of 
this Province, but that the same be left to the Royall pleasure 
of His Majesty. 

That tenn thousand pounds of tobacco be raised and lodged 
in the hands of Capt: Coode, Coll: Jowles and Coll: Warren 
as a gratuity from this House to the souldiers late in Armes 
under their cofnand viz' four thousand pounds of Tobacco to 
Captain Coode, three thousand pounds of tobacco to Colonel 
Jowles, and thousand to Coll: Warren for the souldiers to 
drink their Majesties health, together alsoe with the thanks of 
this House for their good service, more particularly to Capt: 
Coode, M r Blackistone, Col: Jowles and other the Gentlemen 
therein more principally concerned. 

By the Assembly, Sept r 4 th 1689. 

Passed & assented to in this House 

Signed *p p John Llewellin 

Clk. of the Assembly. 
Vera Copia. 

(Endorsed) 

Maryland 4 Sept r 1689. 
Ordinance of the Assembly for regulating Officers. 

Rec d from the Earl of Shrewsbury 
31. Dec r 1689. 



PROCEEDINGS AND ACTS 



OF THE 



GENERAL ASSEMBLY 
OF MARYLAND, 

At a session held at St. Mary's, May \o-June 9, 1692. 

CHARLES CALVERT, LORD BALTIMORE, 

Proprietary. 

LIONEL COPLEY, 
Royal Governor. 



THE UPPER HOUSE OF ASSEMBLY. 



f 



Coll Henry Jowles 

, , , , Coll Nehemiah Blackiston 

The honourable -j CoU Q Robotham 



Maryland Ss' 

At An Assembly held at the City of S' Maries and Begun u - H - J- 
the Tenth Day of May Anno Domini 1692 In the fourth year p * 
of the Reign of Our Sovereign Lord and Lady King William 
and Queen Mary of England Scotland France and Ireland 
Defenders of the faith & c and there Continued till the 9th 
Day of June following where Appeared in the Council 
Chamber Viz' 

His Excellency Lionell Copley Esq r Cap' General & Chief 

Governor 

Coll David Browne 
M r Thomas Tench 
Captain John Addison 
Coll Nicholas Greenberry 

of their Majestys Council John LLewellin Clerk. 

Notice given to the house of Delegates and Deputies by the 
Freemen of the Province Elected and Chosen to Serve for 
them in this Present Assembly and now Conveened and mett 
together, That his Excellency the Governor and his Council 
was now ready to receive them in the Council Chamber; 

They accordingly present themselves in a Body to his 
Excellency, who in the first place produces, And Ordered to 
be read to them his Commission under the great seal for the 
Government of this Province and then Declares himself to 
them in the Words following Viz' 

ft 

Gentlemen 

When the King upon your Address to him to have a 
Protestant Governor, had Signified his Gracious Intentions of 
Sending me amongst you I presume you are Sensible of the 
restless Endeavours of some Persons to Obstruct it. The diffi- 
culties and hazards I run through did not at all Daunt me 
from hastening to you ; proposeing Chiefly to myself the 
Satisfaction of Seeing a foundation laid for a lasting Peace 
and happiness to you and your Posteritys, the making of 
wholsome Laws, and laying aside all heats and Animosities 
amongst you that happened of late, will go far towards it, 
This I know will be very Acceptable to their Majestys, who 
are Eminent Examples of Christian and Peaceable Tempers; 
Amongst the Laws that you are to make I must recommend 



252 Assembly Proceedings, May \o—June 9, 1692. 

u. h. j. to you this Particular which is in my Instructions to win, The 
raising further Supplys for the Support of the Governor for 
the time being and the Defraying the Necessary Charges of 
the Government, I conceive it will be an Advantage to the 
Country as well as Satisfaction to myself to know what you 
intend for me to Support the honour of the Post the King 
hath placed me in and to reduce that and also the Allowances 
to the Gentlemen of the Council and Assembly to a certain 
Fund ; will be the best way that we may measure Our 
Expences, with what you Settle I hope you will come Short of 
none of Our Neighbouring Colonies in any thing of this 
Nature. 

p- 5 6 9 Gentlemen 

Be pleased to go and Choose your Speaker and to take 
care that none be Admitted to Sitt amongst you but such as 
shall take the Oaths and be Qualified by Law I shall Detain 
you no longer not Doubting your readiness therein to do 
every thing that may Conduce to the honour of the Crown 
the Safety and wellfare of your Country. 

They are Dismissed and go together to Choose their 
Speaker 

Ordered that a Copy of his Excellencys Speech be Trans- 
mitted and sent to the house, which was accordingly done and 
sent by M r William Taylard whom his Excell cy did also 
recommend to them for their Clerk. 

They come and present M r Kenelm Chiseldyne for their 
Speaker who (after some discourse to disable himself and 
render him uncapable to perform so great a Charge) is 
approved of and Allowed by his Excellency; He then in the 
name of the house prays freedom and Protection of the Per- 
sons' and Attendants from Restraint &c. free liberty of Speech 
in their house with due reverence and Moderation and upon 
all Occasions free Access to his Excellency and for any Imper- 
fections in himself desires that it may not be imputed to the 
house but favourably be Construed and Excused in him, 
Which being assured them the Oaths appointed by Act of 
Parliament to be taken instead of the Oaths of Allegiance and 
Supremacy is tendred unto them and by them Severally taken 
as fol Viz' 

To M r Kenelm Cheseldyne Speaker, Coll S' Leiger Codd, 
M r William Dare Captain John Hammond, M r Henry Ridgley, 
M r James Saunders, M r Henry Hawkins M r William Finney, 
M r John Huet, M r John Watson, M r Hugh Sherwood, M r 
Robert Mason Captain William Whittington M r Francis 
Jenkins, M r Dorsey M r Edward Boothby M r Thomas Ennalls, 



Assembly Proceedings, May lo-Jttne 9, 1692. 253 

Captain Philip Hoskins, M r Samuel Wheeler, M r Robert u. h. j. 
Smith, M r Thomas Tasker, Captain John Bigger, M r William 
Harris, M r George Ashman, Captain Henry Mitchell, Major 
Henry Trippe M r Thomas Staley M r Philip Clark, M r Hance 
Hanson M r Elias King, Doctor John Brooke, M r Edward 
Winn, M r Edward Jones M r Thomas Everdine one of the 
Delegates for Somerset and M r John Edmundson for Talbot 
County being Quakers refuse to take the Oaths 
Adjourn till to Morrow Morning 10 a Clock 



May the nth 1692 ■ 

Mett in Council Chamber Viz' 

M r Thomas Tench 



f Coll Nehemiah Blackiston 

~,, . 11 Coll George Robotham 

The honourable ■< ,, ,, ,-,, P u . , • 

I Coll Charles rlutchins 

l_ Coll David Browne 



Cap 1 John Addison 
Cap' John Courts 
M r Thomas Brooke 



Was then produced and Ordered to be read the following 
paper or Message from his Excellency Viz' 

May the nth 1692 
Gentlemen 

Being myself at present under some indisposition so that I 
can not be personally present with you, I have thought fitt to 
appoint Coll Blackiston to preside and be Speaker of your 
house in this Juncture & during this Sessions upon all Occa- 
sions of the like nature, wherefore you are desired to receive 
and Admitt him accordingly at the request of — 

Gentlemen Your Servant=L Copley 

To the Honble the Members of the Upper house of Assem- 
bly these 

Coll Blackiston accordingly Admitted and takes the Chair; 
Severall Members of the house of Assembly, yesterday absent 
now came and tendered themselves by Order from the house 
to take the Oaths Viz' 

M r Edward Pinder, M r Thomas Greenfield, M r James Small- 
wood, and M r W m Dent who accordingly had Administred 
unto them, and took the said Oaths, they desire a list of the 
names of those Members that have taken the Oaths yesterday 
and now may be given them for the Cognizance of their house 
which was likewise done and they Dismissed 

Adjourn for a hour 

Mett again as before Except Captain Addison & Cap' 
Courts, present more Coll Henry Jowles. 

Adjourn for two hours 

Mett again and nothing Offering from the house 

Adjourn till to Morrow Morning 10 a Clock 



254 Assembly Proceedings, May lo—Jtme 9, 1692. 

u. h. j. May the 12th 1692 Mett in Council Chamber Viz' 

Coll Blackiston "} M r Tench ^ 

Coll Robotham j Cap' Addison | 

The honourable \ Coll Greenbury \ Cap' Courts V 

I Coll Hutchins | M r Brooke 

[_ Coll Browne J 

A Message from the house by M r Thomas Greenfield & 
Coll S' Leger Cood Viz' 

By the house of Assembly 12th May 1692. 

This house has been Moved by severall Members whose 
Consciences will not permitt them to Comply with the form of 
the Oaths of Allegiance and Abhorrence ; as it is taken by 
their Majestys other Subjects, and desire to Serve their 
Majestys and their Countrys in the trust reposed in them 

This house is very desirious to have the Assistance of all 
the Members of the Same in those weighty affairs now before 
them and also of the aforesaid Members, if any Expedient can 
be found out, in which case the usuall Declaration made by 
persons so Principled will be Satisfactory to the house, of their 
Loyalty to their Majestys and faithfullness to their Country, 
and the Advice of their Majestys honourable Council is desired 
in the Premisses. 

Signed p r Order Henry Denton CI of Assembly. 

Another Message from the Lower house by M r William 
Dent, M r Robert Smith, Major Henry Tripp, and Captain 
William Whittington which they deliver in writing as foil: Viz' 

By the house of Assembly nth May 1692. 
This house has Appointed M r William Dent M r Philip Clark 
M r Robert Smith Major Henry Tripp, M r Thomas Greenfield 
Captain William Whittington and M r Edward Boothby to be 
a Committee for Examination and Inspection of the Body of 
the Laws of this Province and do desire that some Members 
of the Council may be Joined with them herein. 

Signed p r Order Henry Denton CI Assembly. 

p- 598 Another Message by M r Thomas Tasker, and M r Henry 
Hawkins which they Deliver in writing and are acquainted 
that this Board intends to Adjourn themselves to M r Lynes 
house, from whence they may Expect an answer to their 
Severall Messages this Day received the last being as follows 
Viz' 

By the house of Assembly May the 1 ith 1692 
This house has Ordered and Confined themselves to certain 
hours of Meeting Viz' To meet at 9 a Clock in the morning, 



Assembly Proceedings, May \o-June 9, 1692. 255 

and so to Continue till four in the afternoon they have thought u. h. j. 
fitt to Intimate the Same to your honours desireing that you 
would be pleased to Signifie unto this house which will be the 
Convenientest times to wait upon your honours about the 
Business of the Country now in hand that matters may the 
Easier be Communicated. 

Signed p r Order Henry Denton CI of Assembly 

Coll Jowles comes to the Board 

Adjourn to M r Lynes's 

att M r Lynes's house the Council met present as before 

M r Edward Winn their Majestys Attorney Generall came 
from the house with Major John Campbell one of the Mem- 
bers lately come to the house whom he desires may have the 
Oaths Administred to him by this Honourable Board which 
was accordingly done ; He also delivers to the Board a Peti- 
tion preferred to the house by Severall Masters of Ships and 
Vessels now ready to Sail if permitted Viz' 

To the Honourable Gentlemen of the Lower house of 
Assembly 

The Humble Petition of Severall Commanders of Ships 
now Riding in Patuxent River. 
Humbly Sheweth 

That your Petitioners being now ready to set sail do under- 
stand that Captain John Brown and Captain Peregrine Brown, 
have their Majestys Protection from all Embargoes and Con- 
sequently do intend very Speedily to sail That their Ships 
being of force, and Sufficient together with your Petitioners 
Ships to make an indifferent good Fleet, being at least twenty 
sail besides the said Brown That your Petitioners lye at vast 
Expence both for Provisions and Mens Wages and if forced 
to stay till the last fleet goes, it will prove their utter Ruin, 
and Probably not be in a Condition to go either through want 
of Provisions or Men who Daily threaten (if forced to stay for 
the last fleet) to desert their Ships through the apprehension 
they have of Seasoning in the Country. 

Wherefore your Petitioners humbly pray, That this honour- 
able house (in tender Consideration of the Premisses) will be 
pleased to make it their request to his Excellency the Gov- 
ernor, that your Petitioners may be admitted to Sail along 
with the said Brownes whereby the many Inconveniencies that 
otherwise must necessarily fall upon your Petitioners their 
Men and Ships may be prevented 

and they will ever pray &c. 

Which Petition was Subscribed as follows Viz' 



256 Assembly Proceedings, May \o—June 9, 1692. 

u. h. j. To his Excell y Lionell Copley Esq r Cap 1 Gen 11 and Governor 
of this Province. 
p- 599 May it please your Excellency 

The foregoing Petition has been read in this house, who are 
generally Sensible that the greatest part thereof is true and 
the Motives therein laid down very Pressing and therefore do 
humbly pray your Excellency on their Behalfs to give such 
grant to the same as in your wisdom you shall see Con- 
venient 

Signed p r Order Henry Denton CI Assembly. 

Upon reading and due Consideration had of the foregoing 
Petition and the Vote of the house thereon it was here Con- 
sidered that most or Several of the said Ships had already 
lain a very Considerable time in the Country. 

That time of the year is now Approaching very fattall to 
Shipping and their Men in danger of Seasoning, whereby 
their Voyages may be overthrown to the great Damage of 
the Merchant the Dimunition of their Majestys Revenues and 
loss of the Shipping. That provisions is now very Extra- 
ordinary Scarce and hardly to be got upon any terms in the 
Country and most or all of the said Ships very barely pro- 
vided Some hardly Sufficient to carry them home if not per- 
mitted forthwith to sail and have a favourable Passage : That 
the main design of the Embargo is already Vacated Severall 
Ships having been permitted to depart and are gone from 
Virginia and the time of the Embargo Prolonged at the Arbi- 
trary Will and Pleasure of the Men of Warr without any 
Orders from their Majestys known to this Government. 

For these reasons and that there may be an Opportunity of 
Sending Intelligence to England of Occurrencies here, as also 
that there may not want a Supply of Necessarys next year by 
the return of the said Ships hither and many other Motives 
Inducing; It is advised and Resolved that it is highly Neces- 
sary to permitt such Ships (as are ready) to depart under the 
Convoy and Conduct of Peregrine and John Brownes Ships 
of good force and Countenance and that the same be humbly 
Recommended to his Excellency for his Licence to take off the 
said Embargo & present and Suffer the said Ships to depart 

By his Excellency the Governor and Council in Assembly 
May the 12th 1692. 

The severall Messages this Day received from the house, 
the first by M r Greenfield and M r Codd, the second by M r 
Dent and M r Smith, Major Tripp & M r Whittington, and the 
last by M r Tasker and M r Hawkins, have passed the Mature 



Assembly Proceedings, May \o-June 9, 1692. 257 

and Deliberate Consideration of this Board, and in Answer u. h. j. 
thereunto they return Severally and in Order as followeth Viz 1 

1 That the Board is very desirous to Concurr with the 
house in all things reasonable and Safe for them to do, espe- 
cially should be very Glad to give that Satisfaction both to the 
house and the persons themselves principally Concerned (who 
for tenderness of Conscience cannot Comply with the Law in 
taking the Oaths prescribed in such formality as is required) 
but after all their endeavours and Strict Scrutiny thereunto 
cannot find out any Expedient for that purpose without open 
Violation of the Laws of England which is not Consistant with 
nor in any wise to be Admitted of according to our present 
Constitution, also wholly Repugnant to the very Express 
words of his Excellencys Commission and his directions in his 
Speech at the opening of this Assembly now Recommended 

to the Consideration of the house for their further Satisfaction p- 6o ° 
in that Point 

2 This Board is willing and ready to Join some of their 
Members with some others of their house to inspect the Body 
of the Laws as desired, but conceive it alltogether necessary 
in the first place to Consider matters of greater Import weight 
and moment for the quiet Peace and Settlement of this Prov- 
ince and Necessarily leading to the making of wholesome 
Laws for the good Government thereof such as Recognizeing 
the undoubted Right and Sovereignty of their Majestys in 
and to this Province ; This present Meeting a Legall and 
duely Qualified Assembly to Enact and make such Laws 
under such an Authority ; And then an Act of Indemnity, and 
some measures for the Confirmation and Settling of all Mat- 
ters Judicial and otherwise Since the Late Revolution as shall 
by this Assembly be thought fitt to be presented to his Excell y 
and by him to their Majestys for their Approbation and 
Assent, These things and Some Others recommended by his 
Excellency in his Speech to the Consideration of this Assembly 
premised and Considered ; This Board as before will readily 
Join in Committee with the house in the Matter desired or 
what else may be reasonably Offerred to them 

3 This Board shall and will also be ready to receive any 
Message or Conferr with the house about the Emergent 
Affairs of the Province whensoever the same shall be thought 
Convenient or desired by the house. 

Signed p r Order J LLewellin Clerk. 

His Excellency comes to the Board and hath read to him 
the Severall foregoing Messages of the house, and the above 
Answer of this Board thereunto which is Approved of and is 
sent down to the house by M r Thomas Brooke. 



258 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Information being given to the Board that Peregrine Brown 
Master of one of the Ships now ready to Sail had uttered 
Several Reproachfull and disrespectfull Speeches against the 
Government. And that both he and his Brother John Brown 
with Others the Masters of Ships now bound out would go 
away without Clearing and pay no Duty, unless they could 
see the Kings Possitive Orders so to do, And it Appearing 
that both the said Browns with Severall others the Masters 
afores d had in Contempt to this Government and the Authority 
thereof Peremporily refused to Comply with their Dutys in 
paying and Discharging of their Majesties Dues for the lading 
of their respective Ships, It was Ordered that both the said 
Browns being now in Town be forthwith sent for to Answer 
the premisses to this Board. 

Being sent they both make their Appearance and are 
charged with their Contempt aforesaid which they deny and 
pray that they may be dispatched and permitted to Sail being 
all Laden and ready to go. 

Upon their Submission they are at present Excused from 
further Trouble or Charge, but are required to give Bond 
with Good Security for the Answering and paying as well the 
Duties of their said Ships, this present year as also their 
Arrears due for the same the last Voyage hither which they 
willingly Submitt to and say they will Comply with. 
p. 601 Xhe Petition Exhibited by the Severall Masters of Ships 
praying Leave to be cleared and permitted to Sail with the 
Recommendation of the house and the Opinion of this Board 
thereon is humbly presented to his Excellencys Consideration 
who approves thereof and accordingly Consents to and Orders 
the Clearing of the said Ships. 

Adjourn till to Morrow Morning 10 a Clock 



May 13th 1692 

Mett in the Council Chamber Viz' 

f Coll Nehemiah Blackistone ] Coll David Browne \ 
I Coll Henry Jowles | M r Thomas Tench | 

The honourable \ Coll George Robotham J- Captain John Addison \ 

j Coll Nicholas Greenberry I Captain John Courts | 
L Coll Charles Hutchins J M r Thomas Brooke J 

Upon the Report of some Mischiefs and Violence done to 
some Inhabitants by some strange Indians in the Upper parts 
of Charles County, Captain John Addison now present is 
desired to give the Board an Account thereof, or what he 
knoweth concerning the Same ; which accordingly he did in 
writing as follows Viz' 



Assembly Proceedings, May \o-June 9, 1692. 259 

Elizabeth Kersleys relation of her usage by some Indians u. h. j. 
unknown to her the said Elizabeth who was going from her 
father in Charles Carters house to William Watsons with her 
Child in her Arms, the house being half a Mile distant about 
midway betwixt the said Charles Carters and said Watsons, 
the above Indians Starting out of the Lapp of a fallen Tree 
where they lay hid rushed upon her, tore her Child out of her 
Arms, gave her three knocks upon the head flead the Skin of 
her head gave her eight wounds in her body Stript her naked 
and left her for Dead, this Relation was given to me by the 
above named Elizabeth on Wednesday being the 27th of 
April 1692 John Addison. 

There was found by Captain Richard Brightwell and his 
Men a Mare Belonging to Richard Thompson with an Indian 
Arrow Shot into her heart and dead near Charles Carters 
house about three days after the date above which is Supposed 
to be done by the said Indians. 

There was a Stick painted with Severall Men and Women 
upon it and another like an Indian Arrow Stuck in the Path 
near where this thing was Acted upon the above Elizabeth 
Kersley. 

Coll Blackistone declares that much about the time the 
above Mischief was done there was seen upon Clements Island 
a Choptico Indian named Tom ; with Bow and arrows and in 
a Day or two after a young Mare of the said Blackistons was 
found there shott with an Arrow into the Kidneys whereupon, 
he sent to the King of Chaptico and acquainted him with what 
was done, and plainly charged the said Indian Tom with the 
fact which was so home and so many pregnant Circumstances 
relating thereunto in a manner proving the same the Indian 
himself did not well know how to withstand it but after some 
Pausing the King and his great Men together with the said 
Indian himself promised to make Satisfaction, But neither the 
said Indian nor any other of them ever yet came to make 
Good the Same, and Soon after that the said Blackiston had 
another Mare killed, also some Sheep killed with Arrows and 
some taken away to the number of Seven or Eight in all, Coll 
Blackiston produced a paper Containing the Information of 
one Jeoffrey Lile a Mallota as follows Viz' 

The Deposition of Jeoffrey the Mallota 1 May 1692. p- 602 

That on Friday last about 3 or 4 a Clock in the afternoon 

as (I was weeding of Corn) I heard a Gun go off on the South 

Side of the Island upon which I saw the Cattle running to and 

fro, I went to see what might the Occasion be, and coming 



260 Assembly Proceedings, May \(y-June 9, 1692. 

u. h. j. towards the sound of the Gun, I saw three Indians and went 
to them, and asked them what Business they had there, and 
they Answered me what is that to you, I told them it was to 
me, and then asked whether Blackistone was at home, I told 
them yes, and they Answered me you Lye, then I asked them 
what do you give an Englishman the Lye ; then said I was a 
Servant, then they asked for the Man of the house, so 1 
answered he was at the further end of the -Island, and was a 
Coming and they said they did not care, and then they 
Laughed one upon the other, and then they asked me where 
the Corn was I told them I had no Corn, and they said they 
must have Corn, And I told them they should not, and then I 
asked them where they Lived, they answered that they lived 
in Virginia, then I went presently to the house and one of 
them followed me and asked again where the Corn was, and I 
told him he should not have a bit of Corn there so he bid me 

kiss his So I took the Musquet and told him if he would 

not be gone I would Shoot him, and told him if he would not 
make haste the Bitch would tear him down, with that he went 
away as fast as he could to the other Indians, and then I went 
down to them with my Muskett and told them if they would 
not be gone the Man of the house would thrash them and they 
Answered they did not Care, all the three Indians were Naked 
on the Upper parts, and also Painted in a Warlike manner, 
and yesterday being Saturday a little before Night finding a 
young Mare which at last was found Dead and this Day open- 
ing of her there was found eight Shot holes in the Body of her 
this the Deponent is ready to Testify upon Oath as witness 

my hand t rr hi ! t -i 

3 Jeoffrey x Leils 

mark. 

Was also produced a Letter from Doctor Hall of Charles 
County Employed looking after and curing the wounds of the 
said Elizabeth Kersley giving an Account of her Condition 
which Importing also his Demands and Charge thereof and 
praying an Allowance from the Publick, was transmitted to 
the Committee of Accounts for their Inspection and Examina- 
tion 

Came D r John Brooke M r Edward Pindar and M r Jacob 
Saunders from the house together with the Clerk of that house 
who they desire may have Administred to him the Oaths of 
Allegiance and Supremacy Appointed by Act of Parliament 
as also the Oath of Clerk of the house Obliging him to keep 
the Secrets of the house and keep fair Record of their pro- 
ceedings which were all accordingly Administred unto him 
and they Dismissed with the desire of this Board to get the 
leave of the house for Major James Smallwood one of their 



Assembly Proceedings, May \o-June 9, 1692. 261 

members to come and Attend this Board in Order to dis- u. h. j. 
course the Indians waiting for an Audience 

Proceeds to consider of the Method and Manner of dis- 
coursing & Treating with the Emperor of Pisscattaway and 
other the Indians now Attending Resolved that the Emperor 
of Piscattoway be first Called in and made acquainted with His p- 603 
Excellencys Inclination and design to renew and keep Peace 
and Amity with him & all Other Our Neighbouring and 
friend Indians according to the former Usage and Custom and 
practice of the Government of this Province, and that fit and 
Necessary Articles &. Proposalls will be prepared and Drawn 
up for the better and more firm Establishment thereof, but 
first to let him know that there has been lately some Injury 
and Violence done and Offered to the Inhabitants by some 
Indians, which by the best Information We have and other 
pregnant Circumstances, it is Shrewdly to be Suspected to 
have been done by him or some other of Our Neighbouring 
Indians not unknown to him or his Indians and therefore it is 
Expected he will use his Endeavour to find out and discover 
the same whereby the Actors may be brought to Condign 
Punishment or Satisfaction made for the Same, as the Case 
may require after the Emperor shall have been discoursed in 
manner aforesaid and given Answer to such other Interroga- 
tors as shall be proposed unto him by the Board, then to 
advise him that this Board desire to Examine some other of 
his Indians apart by themselves concerng the Premisses, to 
which (it is Expected) he will Consent but whether he do or 
not resolved that after the said Emperor shall have done, some 
one or two of the Council do accompany him to some other 
Private Room and there Entertain him untill such time as the 
rest of the Indians shall be called in and Examined as afore- 
said 

A Message from the house by M r James Smallwood in 
writing as follows Viz' 

By the house of Assembly 13th May 1692. 
As to the Answer to the second Message to this house, this 
house say before their Honours answer thereto they had 
Ordered that a Bill of Recognition of his Maj tys right and Title 
to this Province also a Bill for relief against the Act of Limi- 
tations & also another Bill for Salving of all Errors in pro- 
ceedings at Law Occasioned by the late Revolution Ordered 
to be brought into this house by some other Members of the 
said house, then the said Committee, that so the said Com- 
mittee for Inspection of the Laws may Proceed upon their 
Charge from this house, in which the most Material! Matters 



262 Assembly Proceedings, May \o-June 9, 1692. 

U..H. j. in this Assembly will be Debated and dispatched, therefore 
they humbly desire that what Persons his Excellency intends 
to be assistant to the said Committee may be with Expedition 
sent to them it being a Business that requires most time and 
of greatest Difficulty otherwise the said Committee must pro- 
ceed by themselves. 

Signed p r Order Henry Denton CI Assembly. 

A Petition preferred by Captain Samuel Brown late Navall 
Officer of Patuxent District, praying to be Continued in his 
said Office as not having Committed any Misfeazance therein 
to his knowledge It was informed that his Excellency being 
made acquainted with the Substance of the Petition, had 
Ordered the Petitioner to wait upon him some other more 
leizure time, his Excellency holding himself more particularly 
Concerned in the Disposition of that Office 

Coll Henry Jowles Coll Nicholas Greenberry and Captain 
John Addison appointed to Join with the Committee for 
Inspection of the Laws. 

Adjourn for half an hour 

Mett again present as before 

Cap' John Bigger & M r Francis Watkins from the house 
with the. following Message Viz' 

p. 604 By the house of Assembly 13th May 1692. 

This house in a former Message Signified to your honours 
that they had Appointed certain hours of meeting to the end 
Business might be the better Expedited hoping that your 
honours would have intimated to this house something of the 
same nature. Ordered in Council whereby a due Corres- 
pondency might be kept betwixt your Honours and this house 
therefore humbly require an Answer to it 

Signed p r Order Henry Denton Clk Assembly. 

The house being Adjourned the answer of the foregoing 
Message is referred till to Morrow Morning, and the Board 
proceeds to discourse the Indians, The Emperor accordingly 
called in, and is Advised that his Excellency the Governor in 
their Majesties names offers them the Continuance of the 
Peace and Amity formerly made with them and that Articles 
shall be drawn accordingly between them if they accept 
thereof 

Emperor. Says they readily Embrace and kindly accept 
thereof. 

Coun. Some Mischief lately done by Indians to the Inhabi- 
tants their. Majestys Subjects, which he is required to make 
Discovery of by whom done and the Actors thereof delivered 
up to Justice. 



Assembly Proceedings, May 10-June 9, 1692. 263 

Emperor. Denys to know any thing of it but if he can will u. h. j. 
willingly Discover it. 

Coun. It is desired that some other of his Indians may be 
discoursed and Examined apart. 

Emperor. He Consents thereto. 

Coun. What Strange Indians are those now among them, 
and wherefore Entertained by them without notice given, Con- 
trary to the former Articles? 

Emp r They are Delaware Indians in Peace and Amity with 
the English and therefore Entertained by them. 

He is at present Dismissed and Coll Hutchins appointed to 
Entertain him apart whilst other Indians are called in and 
Examined 

The King of Mattawoman with another of his great Men 
are called in 

Coun. He is informed that his Excellency comes now to 
renew the Peace formerly made with . him by this Governm' 
Quer if he accepts thereof 

King. The same is most kindly accepted, he is very 
Antient and had much adoe to come so farr a Journey out of 
an Earnest desire and Inclination he had to see the Governor 
which he is very Glad he had now done. 

Coun. Some Indians had lately Committed some outrages 
upon the Inhabitants, Quer. if he know any thing thereof, and 
if so to discover the Actors. 

■ King. Very desireous to make and Renew a firm and last- 
ing League of Friendship would have all that is evill cast 
away, did they know who were the Persons that Committed 
the same would most certainly make the Discovery 

Coun. Was then produced and Shewed to them a painted 
and Carved Stick found and taken up hard by the Place 
where the late Mischief was Committed. Quer. the Opinion 
of the same. 

King. It is the Custom of the French Cannada Indians to 
make use of such things and by the particular marks upon the p. 605 
Stick they observe that the owner thereof had killed three 
persons, and taken alive Eight more 

They go to the Emperor, and King of Chaptico called in, 
To him is Communicated his Excellencys inclination to renew 
the Peace as before which also he says they Accept and 
embrace, but as to the Injury done by the Indians they are 
charged more Particularly & Possitively therewith especially 
that done to Coll Blackiston at Clements Island, the Arrows 
that were taken out of the Mare, being produced and shewed 
them, which they Deny all ; and disown the Arrows to be 
theirs. 



264 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. M r William Blankinsteine called in to declare what he 
knows or hath heard Concerning the said Indians saith ; that 
soon after the Indian mischiefs was done the Indians that was 
then before seen upon the Island and Suspected to be the 
Actors thereof went away, but that when Coll Blackiston sent 
for the King and some of his great Men the said Indian did 
then own the fact, and both he and the King promised to 
make Satisfaction 

King. The Indian lying under that Suspicion rather than 
make any further Difference, they did offer to make Satisfac- 
tion. 

Coun. They are Advised to be ingenious and declare the 
Truth, if any of them were Guilty they ought to make Satis- 
faction, if any English should do them any injury they should 
be righted, and such proceedings is the best and only way to 
establish a firm Peace among them. 

King. It is Suspected that they are guilty of all the mis- 
chief that is done ; if so they are wronged, for that since the 
first time when the Mare was killed, and they appeared before 
Coll Blackiston they have not been upon the Island. 

Coun. It is but Just and reasonable to charge them with 
the whole if any one part be made appear against them ; and 
if they will Boggle and not Confess the truth at Such a time 
as this what Confidence can be put in them in making Peace 
with them 

King. They know nothing of the Matter, and declare them- 
selves very much troubled at it 

Coun. Advised that they go by themselves and Consider 
better of the Matter. 

The Emperor sent in to know whether he might be Admitted 
to come and make his present to his Excellency and be there- 
upon dismissed having left but very few Indians behind him 
at the Fort to look after and keep the Same and therefore of 
necessity he must make haste back. 

Answer Sent by Major Smallwood that if he be in such hast 
and will not stay till to Morrow Morning about 10 a Clock for 
preparing the Articles to be Concluded on he must take his 
Course, and keep his present, for his Excellency will not 
accept thereof neither hath he any for them upon that Ac- 
count. 

Major Smallwood returns and acquaints the Board that he 
had Communicated the foregoing answer to the Emperor who 
presently called together his great men and Consulted therein 
the matter, they shewed themselves much Concerned and 
troubled that the Emperor had pusht it on so farr as to give 
the Governor the least Occasion of Offence but the Emperor 



Assembly Proceedings, May \o—June 9, 1692. 265 

Alledged that he had been the more pressing for a Dispatch u. h. j. 
for that he had perceived that his Excellency had for some few 
days layn under some Indisposition of Body not to be spoke 
with and he did not know but to Morrow he might be worse, p- 6c6 
and therefore and for the reasons aforesaid he had been the 
more Solicitous for their dispatch to night ; However it was 
Resolved and Concluded on between them that they would 
wait the time appointed to attend his Excellency. 

The King of Chaptico with his Indians desire Admittance 
which was Ordered 

King. It is Suspected by the English that some of his 
Indians did kill the Mare and doe other the Spoils and Mis- 
chiefs upon the Island, which they deny alledging that those 
Arrows produced are not like the Arrows used by the Chaptico 
Indians (most Nations having a peculiar sort to themselves) 
that a Servant Boy belonging to Coll Blackiston did tell the 
Indians that he had killed a Mare, and desired one of them to 
make him some Arrows, with such like Shifting- and fivolous 
Excuses 

Coun. It plainly appears that the Mischiefs is done and by 
what Evidence has been produced and all Circumstances Con- 
curring to be by some of these Indians therefore they are 
further pressed to an Ingenious Confession of the Truth and 
Satisfaction making for the Same, which will create in us a 
greater Confidence of them and give them the more Credit 
in the Peace now Designed. 

King and Indians, at last Confess the fact, are Sorry for 
the same and promise never to do the like. 

Coun. What Indians were those three that appeared last 
and did the Mischief upon the Island 

Indians. They cannot say any thing to that Matter, but 
desire his Excellency to urge it no further upon them, being 
willing to make Satisfaction for which they are Ordered to do 
to Coll Blackiston ; and to morrow the Articles of Peace will 
be prepared ready for them. 

Considering the present Sitting of the Assembly and being 
uncertain how long the same may Continue, It is advised and 
by his Excellency Ordered that the Provincial Court appointed 
to be holden the first Tuesday in June next be further Ad- 
journed to the first Tuesday in July following, and that all 
Writts precepts and Process returnable the first in June do 
Continue and be returned the said first Tuesday in July and 
that Writt of Adjournment accordingly issue. 

Adjourn till to Morrow Morning 10 a Clock 



266 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. May the 14th 1692 

Mett in Council Chamber present as yesterday 
It being informed that Richard Hauslap late Sub: Sheriff of 
Ann Arundell County having by Virtue of his Office got into 
his hands and possession severall Books, papers Writings and 
Accounts relating both to the publick and particular private 
Mens Estates and Concerns, and had also received and 
Embezeled Severall Considerable Sums of both publick and 
private dues; It is Advised that his Excellency be humbly 
requested to move the Governor of Virginia (whether it is 
Alledged that the said Hauslap is fled) and lodged himself) 
for his Aid and Assistance, by his Orders and directions to 
his Officers Magistrates and Inhabitants of his Government, 
in the retrieveing, apprehending & taking of the said Hauslop 
so as to have him Safely delivered up and Conveyed back to 
this Governm' to answer & to make good the charge against 
him 
p. 607 An Answer to the Message of the house yesterday by 
Captain Bigger and M 1 Watkins carried by M r Tench as fol- 
lows Viz' 

By his Excellency the Governor & Council in Assembly 
14th May 1692 

In answer to the Message received yesterday from the 
house by Captain Bigger and M r Watkins this Board have 
appointed to sitt from ten of the Clock in the morning to four 
in the afternoon, between such hours the house may direct 
any Message or Apply to this Board for Conference upon any' 
Occasion and the same will be readily received and Consented 
to: This Board have also appointed the honourable Coll 
Jowles Coll Nicholas Greenberry and M r John Addison to Join 
in Committee with the Members of the house of Assembly for 
Inspecting the Body of the Laws of this Province 

Signed p r Order John LLewellin CI. 

Abel Brown Gent, late high Sheriff of Ann Arundell County 
Petitions to be Continued in his said Office in Consideration 
that he hath well Behaved himself in the Same and Expended 
great part of his Estate for the Satisfaction and Discharging 
of the Publick dues, which by the late distraction of that 
County and the Disaffection of the Inhabitants to the Govern- 
ment under the late Revolution till the present Settlement he 
could not without Extraordinary rigorous and unusuall 
Methods Collect or get in. 

It being Alledged here to the Board that the Petitioner 
himself had declared himself desirous and willing to lay down 



Assembly Proceedings, May \o-June 9, 1692. 267 

and relinquish the Sheriffs Place, and did not particular recom- u. h. j. 
mend M r Benjamin Scrivener the person now since made 
Choice off to the Commissioners of the County Court, to Suc- 
ceed him in that Office upon which his Excellency had pre- 
ferred the said Scriven r to the Same, He doth not think fitt to 
revoke his Commission but recommends to the said Scrivenor 
the Collecting of the said Browns Parcells and Arrears and 
what other necessary Assistance he can afford him towards his 
relief; upon such reasonable and modest terms as Conveni- 
ently he can ; Whereof M r Tench is desired to Advise both 
the said present Sheriffs and the Petitioner also for their better 
Information. 

Hugh Eggleston late Clerk of the County of Dorchester 
appointed by the Commissioners, and since his Excellencys 
Arrivall removed and another put in his room ; Petitions to be 
again restored to that Office, Alledging for reason, that he 
had well and Submissively behaved himself to their Majestys 
Government & never known or Suspected to be any ways 
tainted or ill affected to the same, and for what reason turned 
out he knew not, the said Petition Subscribed with the names 
of Charles Hutchins Edward Pinder Thomas Ennalls Henry 
Hooper Thomas Hicks & William Mishen Magistrates and 
Inhabitants of the said County. 

The Consideration thereof referred untill such time as his 
Excellency shall have discoursed and Consulted the Gentle- 
men of the Assembly Representatives of that County. 

M r John Edmundson of Talbot County Complaining against 
Samuel Withers Gent. Sheriff of the said County for not Com- 
plying with the Publick paym 13 prays the Assignment of his p. 608 
Bond in order to prosecute the Same at Law for Satisfaction 
of his Damages thereby Sustained 

The Consideration thereof referred till Monday Morning 

Thomas Richardson of Baltimore County Gent, formerly 
Deputy Surveyor of the said County Petition to be Continued 
therein if the same shall be held fitt to be practiced, or other- 
wise that he may be permitted to lay out and Resurvey for 
the Inhabitants what Lands are already Surveyed, at request 
of the People to avoid future disputes, and to ascertain their 
particular Bounds and further that such Certificates as he hath 
already in his Custody of Land by him formerly laid out and 
(for want of the Office being open) by him detained may be 
now admitted to be received and Entered upon Record. 
Referred the Consideration thereof to another time 

Came the Speaker of the house and prayed his Excellencys 
Order for the Issuing out of Writts of Election of Burgesses 
to Serve in the room of M r John Edmundson of Talbot 



268 Assembly Proceedings, May 10- June 9, 1692. 

u. h. j. County, M r Everdine, M r Godwin, and M r Huett of Somerset 
County, M r Warner and Coll. Codd of Cecil County disabled 
and Expelled the house which was granted 

Adjourn for half an hour 

Mett again as before 

The Speaker of the house came again and prayed Order 
for Election of Another Burgess in the room of M r William 
Dare of Cecil County who was also disabled & Expelled the 
house, Ordered that Writts accordingly Issue for new Elec- 
tions as desired 

Taken into Consideration what presents to make to the 
Indians upon Ratifying and Signing the Articles of Peace now 
ready to be tendered them Conclude as follows Viz' 

To the Emperor of Pisscattaway six Coats Six Shirts, Six 
pair of Stockings and Six Bottles of Rum for him and his 
great Men. 

To the King of Mattawoman,and of Chaptico, each of them 
three Coats three Shirts three pair of Stockins and three 
Bottles of Rum. 

The Emperor and his great Men called in and the Articles 
of Peace read to them as followeth Viz' 

Articles of Peace and Amity Concluded and Agreed upon 
by and Between the honourable Lyonell Copley Esq r Captain 
Generall and Governor in Chief in and over this their Maj- 
estys Province and Territory of Maryland and Othotomaquah 
Emperor of Pisscattaway this 14th Day of May in the year of 
Our Lord 1692. 

Imp rs It is Agreed upon that from this Day forward there 
be an Inviolable peace and Amity Between their Sacred Maj- 
esties King William and Queen Mary and their Subjects the 
Inhabitants of this Province and Virginia, and the Emperor of 
Piscattaway upon the Articles hereafter in this Treaty to be 
agreed upon to the Worlds End, to Endure and all former 
Acts of hostility and Damages whatsoever by either party 
Sustained to be buried in perpetuall Oblivion. 

2dly: That if any Indian Subject to the said Emperor shall 
hereafter chance to kill an English Man, the said Emperor 
shall be obliged to deliver the said Indians up to the Governor 
of this Province a Prisoner. 

3dly. Forasmuch as the English cannot easily Distinguish 
one Indian from another that no Indian shall come into any 
p. 609 English Plantation painted ; and that all the Indians shall be 
bound to call aloud, before they come within three hundred 
Paces of any English Mans clear Ground, and lay down their 
Arms whether Gun bows or Arrows or other weapon for any 



Assembly Proceedings, May \o-June 9, 1692. 269 

English Man that shall appear upon his call to take up and in u. h. j. 
case that no one appear, that he shall there leave his said 
Arms; if he comes nearer, and that afterwards he shall by 
calling aloud Endeavour to give notice to the English of his 
nearer approach. 

And if any English Man shall kill an Indian that shall come 
unpainted and give Notice and deliver up his Arms as afore- 
said he shall dye for it ; as well as an Indian that kills an 
Indian; and in case the Indians and English meet accident- 
ally in the woods every Indian shall be bound immediately to 
throw down his Arms upon Call; and in Case an Indian so 
meeting an English Man ; shall refuse to throw down his 
Arms upon call ; he shall be deemed as an Enimy. 

4thly. The Priviledge of Crabbing, fowling, Hunting and 
fishing shall be preserved to the Indians inviolably. 

5thly That every Indian that killeth or Stealeth a Hogg 
Calf or other Beast or any other Goods, shall undergo the 
same Punishment that an English Man doth for the same 
Offence. 

6thly. In case any Servants or Slaves run away from their 
masters and come to any of the Indian Towns within the Ter- 
ritories of the said Ochotomoquah and his Subjects they shall 
be bound to apprehend the said fugitives, and bring them to 
the next English Plantation to be Conveyed to their Masters; 
and in Case any Indian aforesaid shall Convey or Assist any 
such fugitive in their flight out of this Province ; that he shall 
make the respective Master or Mistress of such Servant or 
Slave such Satisfaction as an English Man ought to do in the 
like Case. 

7thly. That the said Emperor shall not make any new 
Peace with our Enemys nor shall make any Warr without the 
Consent of the Governor of this Province for the time being. 

8thly In Case the said Ochotomoquah or any Indian Sub- 
ject to him shall kill any Indians or any other in Peace and 
Amity with their said Majestys it shall be Esteemed as great 
an Offence as killing an Englishman. 

9thly. That neither the said Emperor nor any of the said 
Indians under his Subjection do at any time hereafter, keep 
harbour or entertain among them or within their Fort any 
foreign or strange Indians or know or discover any such to 
appear or come into this Province without giving timely and 
all possible Speedy Notice thereof to his Excellency the Gov- 
ernor or some magistrate or other Officer or person of note ; 
by whom the same may be Communicated with all Expedition 
to the said Governor or Governors of this Province for the 
time being for his Advice & directions therein. 



270 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. iothly. That as a further Testimony of their League Peace 
and friendship with their Majestys and as they Expect Protec- 
tion from them and this Government here, there be yearly 
paid by the said Emperor as a Tribute to their said Majestys 
an Indian Bow and two Arrows to be delivered to his Excel- 
lency the Governor or the Governor for the time being, at his 
Residence wheresoever the same shall happen to be on the 
first Tuesday in April in every year Successively. 

In Confirmation of the Premisses his Excellency the Gov- 

p. 610 ernor and likewise the Emperor aforesaid have Mutually 

Signed Sealed and Delivered these present Articles in the 

presence of their Majestys Council and the Great Men of the 

said Emperor then present the day and year first before men- 

flOriPQ seal 

Ochotomoquah x Emperor 

Signum 

L: Copley (Seal) 

The foregoing Articles being distinctly read, and Explained 
to the Emperor he is made acquainted that these are the 
terms upon which his Excellency thinks fitt to Conclude the 
Peace with him, and shall be inviolably kept on the part of 
the English, as it is Expected will be also on their part. 

He Declares himself Satisfied therewith and engages for the 
strict observeing and keeping all and every the said Articles. 

He is Sorry that it happens to be so poor with them at 
present as it is having none but few Raccoon Skins, and such 
like to present his Excellency with at this time, but prays his 
Excellency to accept thereof as a token of their love and 
friendship. 

Coun Quer. How long these Strange Indians now among 
them design to Stay with them 

Emp r Two of them intends to tarry the year out, and for 
the rest he knows not how Long. 

Coun It is doubted that they are not certain whether they 
are Sineques or not, or what Indians they may be, and there- 
fore they are desired to detain and keep them among them 
about Eight Days Longer by which time his Excellency will 
provide and Send to them a Person that understands the Lan- 
guage of those Indians to enquire and Discover what they 
are, and their Business in these parts. 

Coun It is Expected and required that the Emperor will 
use his endeavour to find out and discover these Indians that 
Committed the late Violence upon the Woman in Charles 
County as aforesaid and to Communicate the Same to Major 
Smallwood 

Emp r He will endeavour to find out the same and if he 



Assembly Proceedings, May \o—June 9, 1692. 271 

can make any Discovery will Communicate it to Major Small- u. h.'j. 
wood as is desired. 

He likewise moves his Excellency that no persons may be 
permitted to carry any Strange Liquors to the fort among his 
Indians, but that his Excellency will Please to grant him an 
Order to Prohibit the Same. 

Gov r The same is granted and Order shall be given accord- 
ingly ; If any English Man abuse the Indians or obstruct them 
in their liberty of Hunting, fishing or fowling, they must forth- < 

with Apply themselves and make the same known to the next 
Magistrate who shall be Ordered to do them Justice. 

The Articles being Mutually signed and Sealed by his 
Excellency and the said Emperor, were Committed to the 
Custody and keeping of Major Smallwood for the Indians 
upon all Occasions to have recourse unto. 

The present Designed for the Emperor and his great Men 
was accordingly delivered to him wherewith he declared him- 
self Satisfied gave thanks for the same and took his Leave. 

The King of Mattawoman by the name of Maquantack 
next Called in and had read to him the Articles between him p- 61 1 
and the English the same Verbatim with the former, where 
with he and his great men declare themselves well Satisfied 
and Content give and receive their presents, the Articles 
Mutually Signed by the Governor and the said King and also 
Committed to the Custody and keeping of the said Smallwood 
to the End and purpose aforesaid, They are given further to 
understand that for every Servant or Slave runaway that they 
shall take up, shall be paid them for their encouragement, a 
Matchcoat to be awarded or Satisfied to them by the Magistrate 
before whom such runaway shall be Carried and to be reim- 
bursed by the Master or owner of such Servant or Slave, 
They approve of the Same. 

The King of Chaptico and his Indians next appear and have 
read to them their Articles ; the same with both the former 
with Addition only of Eleventh Article before the Conclusion 
as follows Viz' 

nth It is required and the said King for himself and the 
Indians under him doth Covenant to make such reparation 
and Satisfaction to Coll Nehemiah Blakiston for an Injury by 
them lately done, as M r John Bean and M r William Blanken- 
stein thereunto especially appointed; upon full hearing and 
Examination into the matter shall award and adjudge. 

The said Articles agreed to ; the presents Exchanged, and 
the Articles Signed on both sides and Committed into the 
Custody and keeping of Coll Blackiston for the Indians to 
have recourse to upon Occasion. 



272 Assembly Proceedings, May 10- June 9, 1692. 

U. h. j. Two of the Indians appearing with those of Choptico 
acquaint his Excellency that they with some others that 
formerly belonged to Patuxent to the number of ten Men ; 
were desirious to come and live with and amongst the Choptico 
Indians if they may be permitted so to do ; His Excellency 
gives Consent thereunto for which they are thankfull. 

They Complain that some English men encroach upon their 
Land at Choptico and do them much Spoil Coll Blackistone 
is desired to enquire thereinto, and to see that right and 
Justice be done them, as also Major Smallwood the like for 
the Pisscattaway Indians who Complain of the same Griev- 
ances. 

Adjourns till Monday Morning 10 of the Clock 



May the 16th 1692 Mett in the Council Chamber 
Present as on Saturday last 

Stephen Sumter of Calvert County being Charged by Coll 
Jowles for offering abusive and affronting Language to him, 
and bound to answer the same this Assembly, having attended 
a long time upon charge prays a hearing pretending Ignor- 
ance of the Crime, but if he be guilty of any such thing 
declares himself sorry and Penitent for the same as by his 
Petition was sett forth ; He is called and upon his Humble 
Submission craving pardon of his honour Coll Jowles for his 
folly; which was by the said Jowles Accepted off, the said 
Sumter is discharged from further Attendance at this time 
being Advised and promising to beware of Committing the 
like again. 

M r Boothby and Captain Whittington from the house came 
to acquaint this Board that the Committee appointed to inspect 
the Laws of the Province were now sent out, they desire that 
P . 612 such of this honourable Board as are to Join with them would 
please to give them a Meeting, the place appointed by the 
house being the room over the Court house as most proper 
for their Business where the house may more readily send 
such orders to them as they shall think fitt, and they also upon 
Occasion Apply themselves to the house. 

The Board will give directions therein. 

The Board having received information that it is reported 
and rumoured by Severall the Servants and Passingers of the 
Ship Ann of Newcastle whereof Charles Partis was Master out- 
ward Bound, and that it is to be much Suspected that the said 
Partis by reason of the Insolent Behaviour of the Ships Com- 
pany taking from him his Command their Confining him to 



Assembly Proceedings, May 10- June 9, 1692. 273 

his Cabbin, and depriving him of his Common Necessarys for u. 1-1. j. 
his Support of Succour and Refreshment on Board in time of 
his Sickness, Came to an untimely and unnatural end. 

Ordered that the same be Strictly and Diligently enquired 
after by all Magistrates or others living with or near such 
Passingers by whom the Truth thereof may be the Better 
known and discovered and Justice done therein " 

Adjourn till to Morrow Morning 10 a Clock 



17th May 1692 

Mett in the Council Chamber present as Yesterday 
Came M r Hammond and M r Ridgley with the following 
Message from the house Viz 1 

By the house of Assembly 17th May 1692. 
This house has ordered a new Act to be made for the Con- 
tinuance of the Articles of Peace now made with the Indians 
and do think it necessary that the said Articles should be 
Annexed to the Laws, they do therefore humbly desire a Copy 
of the said Articles may be sent to this house. 

Signed p 1 ' Order Henry Denton CI Assembly. 

Thus Answered 

By his Excellency the Governor & Council in Assembly. 
17th May 1692. 

The last Message from the house by M r Hammond and M r 
Ridgley appearing very Strange and novell to this Board they 
cannot but Signifie their resentment thereof as a matter too 
much intrenching on the Prerogative of the King in whose 
power alone it is to make Peace or Warr, and that Conse- 
quently the Peace lately Concluded by his representative the 
Governor with the Advice and Consent of his Council is alto- 
gether Sufficient of its Self without the help of an Act or Law 
to Confirm the same ; And therefore hope it will be no further 
urged ; this Board being desireous rather to impute it to the 
mistake then design of the house in moving the same, and if 
the house desire to peruse the Articles, made for their infor- 
mation they may at request have Copies thereof Sent them. 

Signed p r Order John LLewellin CI. 

Sent to the house by Captain Addison and M r Tench, they 
return back with the Same giving the Board to understand 
that the house was Adjourned 

Adjourn till to Morrow Morning 10 a Clock 



:-_ A ::■: -.:.; - ....:.. 



j- 



: r- -;. '.';■ c ::c; 



r.iLj. Mav uce :5ah :::: Men iu cue Ccuucdl Cuauaeer 

r- ~ : S 



:fl\e~r Ycrk Yba 

Mav i: -lease veur luxcelleucY 



r.ad r:~s: read a Xeirhbeur as yea are Lhararcerised :: be. 
by all "e Geaaleauea :: year accuai~rar.ee ir. rials rrcvir.ee: 

iaicrrued by rice Preside - : M r Blackiston, and the Several 
r::irs dc racers Sea: drear rials 71a:e : "bar rrcrrsals have 
cite —.are vduc yeur C :1c ay ice rue res: ::" Our Xei.ru r :urs 
:: ires rue De:ea:e ::" Albaay. vdaich is cue uriaaer Garrlsia 
chad uce E aguish 71au:au:us cu rice ucala c: .-uucerira which 
if l:s:~re ueus: _:se d'ur ladiaas. rice ill Ccasec _eu;es v.drerecu 



'..■''■ 



^.r-. •. — -.^.r J. ..;;; — : .. _.r = r. .r r. .~ . . v _. 

Neighbours iu \ iruiuie ulu sera us bills :"cr a a eve :ae uur- 
area pounds to be given :: the Indians; to tye the knot of 

rrleadsair :u their behald. ecu aluis is ell baa: ve have ye: 
receiver :b:aa cry :: C rr heivhr curs of any Sort of Assist- 

aa:e. rh: :ius Gcverarueur. slr:e 3:verarr Slaughters Arrival!. 

_ 

ere:: abeve r>eveu huudred re eras Char re ir. rreseacs.be- 

uar 5 r ~ r cseuers a_ :u:s iter a: A_raay :a :cv. ~.ur: are :: 

preserver but ir such fair rear auci haarv.isr.h~r C:aditi:a 
aha: ah :re lahabitaats are rearly :e rerire :: :ae Sea side. 
.race c- a r Euciurvusuea aar cauv A_arrus :r;ru uce uaeaues 
"Ye a- e beea ihrded :: raal.e aa 'Order aad 7r::la~a:.:r. :: 



:aay aad rlar:aa:us aea: the 
a~ aided by a a:: a ::" Rain; 

Surely rhera " v i:r. ureal. 7,he 



-'-. ---r-^ :- -------- --; 






— _ - ' _ 



_~ z.cz<Zt£. ~r~ . 



.r-~--> =- 






276 Assembly Proceedz?igs, May \o-June 9, 1692. 

u. h. j. May the 18th 1692 By his Excell y the Governor and Council 
in Assembly 

This Board desire a Conference with the house of Assembly 
and desire their Company here at the Council Chamber forth- 
with. 

Signed p r Order John LLewellin CI. 

Sent by Coll: Robotham and Captain Courts. They return 
from the house having delivered their Message ; Coll Jowles 
Coll Greenberry, Captain Addison sent for from the Com- 
mittee ; accordingly they Enter to the Board. 

A Message by Captain Hammond and M r Watson as follow 
Viz 1 

By the house of Assembly May the 18th 1692. 

This house is ready to wait on your honours to Join in 
Conference according to the desire of the last Message sent, 
But first are willing to know the Subject Matter upon which 
the said Conference is desired. 

Signed p r Order Henry Denton CI Assembly 

Endorsed and sent back by Coll Hutchins & M r Brook as 
follows Viz' 

By his Excellency the Gov r & Council in Assembly 
18th May 1692. 
At the Conference the Subject Matter will be declared 

Signed p r Order John LLewellin CI. 

p. 615 Coll Hutchins and M r Brook having delivered their Message 
to the house returns to the Board. 

Came the Speaker and the Members of the house to attend 
this Board. 

His Excellency acquaints them that for the better dispatch 
of Business and more right and full understanding of each 
other he had desired this Conference ; not well knowing or 
rightly apprehending their Meaning in the two last Messages 
sent from the house desiring the Articles of Peace to be 
annexed to the Law to be made to Confirm the same and then 
desiring this Board not to proceed thereupon. 

Their Message concerning their Articles of Peace being 
• read they say it was a Mistake of their Clerk in drawing the 
same well enough knowing the power of Peace and Warr to 
be the Kings Absolute Prerogative, and they did in no wise 
Intend to dispute the same, but to the end the Peace now 
made might be the more Publick, and that the People of the 
Province for want of knowledge thereof might not be Subject 
to a Breach of the same, they desired that Copys of the said 



Assembly Proceedings, May \o-June 9, 1692. 277 

Articles might be sent up with the Law passed this Sessions u. h. j. 
to the severall Counties to be published together with the said 
Laws ; and further as to the Verball Message delivered by M r 
Watson desiring their honours not to proceed upon it, that 
also was Mistaken by the said Watson and no wise designed 
by the house to be delivered here, but upon receipt of the last 
Message from hence it was resolved in the house that whereas 
they were preparing a Law Concerning the said Articles, they 
should proceed no further upon it and so mistaken by the said 
Watson for a Message by him to be delivered to this Board, 
which they desire may not be taken to be the sense of the 
house but may be razed out of the Journall 

His Excellency gives them to understand that he had stayed 
a Ship now ready to Sail, on purpose to write by her to Eng- 
land, to give his Majesty an Account of affairs here, and 
amongst other things is willing to give an Account of what 
progress this Assembly has made towards the present Settle- 
ment and therefore moves the house, to the Dispatching those 
Preliminaries most necessary to be Considered Viz 4 the Act of 
Recognition, and a Bill of generalj Indemnity and such like. 

They say they will proceed to the dispatch of those two Bills 
and will have them ready to present to this Board to Morrow 
Morning. 

Adjourn for an hour, 

Mett again present as before. 

M r William Dent, M r Henry Tripp, and Captain William 
Whittington from the house with an Address drawn up to 
their Majestys to be signed by the members of the house, they 
present the same to this Board, together with the following 
Message Viz' 

By the house of Assembly 18th May 1692. 
This house do humbly desire the Concurrence of your 
honours to this Address in Order to be sent to their Majestys. 
Signed p r Order Henry Denton CI Assembly. 

» 

The Address is as followes Viz' 

To their Sacred Majesties William and Mary by the Grace 
of God King and Queen of England Scotland France and 
Ireland Defenders of the faith &c. 

The humble Address of your Majesties Council and the rest p. 616 
of your most Loyall Subjects the Inhabitants and freemen 
of your Majesties Province of Maryland their Representatives 
in a General Assembly met together. 

Gracious and Dread Sovereigns 

The due sense and acknowledgments of those great Bless- 
ings it hath pleased God to bestow on us in Redeeming us 



278 Assembly Proceedings, May \Q—Jwie 9, 1692. 

u. h. j. from Arbitrary Will and pleasure of a Tirrannicall Popish 
Government under which we have so long Groaned Leads us 
to render and pay unto your Majestys (as the only Instruments 
and Authors under God thereof) the Just Tribute of Our 
humble and hearty thanks for the same, more especially for 
that your Majesties have Graciously Vouchsafed to incline 
your Sacred Ears to the hearing and granting Our humble 
Petitions and former Addresses to your Majesties by taking 
and receiving us into your Immediate care and Protection, and 
to that End Sending amongst us a Protestant Governor, of 
whose Loyall Candour and Integrity as your Majesties have 
had good Experience, so that small time he has been amongst 
us, gives us that assurance as most humbly and Sincerely to 
bless and praise Almighty God, and give your Majesties Our 
Cordiall thanks therefore, rendering us thereby true English- 
men and good Subjects immediately to the Crown of England, 
and you our Lawfull and Liege Sovereigns the right full and 
undoubted Possessors thereof. 

The great God of heaven that of his great Mercy have 
placed you on the throne and so miraculously preserved you 
therein (notwithstanding the fatigues and malice of your 
Enimies,) still prosper Conduct and guide your Majestys 
throughout the whole Course of your Lives and in all your 
Glorious Enterprizes and undertakings Succeed you, is and 
shall be the constant fervent and incessant prayers of your 
Majestys most thankfull Dutifull and Obedient Loyall Subjects 
and Servants. 

Signed by the Members of this Board, and Signified to the 
house in the following Message Viz' 

By his Excellency the Governor and Council in Assembly, 

1 8th May 1692. 
This Board readily concurr with the Message of the house 
last sent hither by M r Dent, Major Tripp and M r Whittington 
in Addressing their Majestys as desired 

Signed p r Order John LLewellin CI. 

M r Hammond and M r Dorsey with severall Bills from the 
house Viz 1 an Act for the preservation of the severall Har- 
bours within this Province thus Endorsed Viz' Passed first 
reading 

An Act for prohibiting foreign Ingrossers, Endorsed Viz' 
read and passed the first reading without Alteration. 

An Act for the Publication of all Laws within this Province 
Endorsed Viz' Passed the first reading without Alteration. 

Came from the house M r Hammond, M r Hoskins, M r En- 



Assembly Proceedings, May \o-June 9, 1692. 279 

nails, M r Harris M r Watson and M r Ridgley and present to the u. h. j. 
Board these following Bills Viz' 

An Act taking away Errors in Proceedings and for relief 
against the Act of Limitations Indorsed Viz' Read and 
passed the first reading. 

An Act of Recognition of their Sacred Majestys right and p. 617 
Title to the Province of Maryland Endorsed Viz 1 Read and 
passed the first reading 

Doctor John Brooke being sent for makes his appearance 
and being desired to give his Opinion of M r Ecclestone late 
Clerk of Dorchester County who hath Petitioned this Board 
to be restored. 

He saith that he well knoweth the said Ecclestone to be 
every way fitly Qualified for the Place, and will give great 
Satisfaction to the County, as formerly he hath done, that true 
it is that some Information was given against him by a Scan- 
dalous Profligate person who is since runnaway,that the Com- 
missioners of the County upon Examination thereof could not 
find any thing Substantial or Material against the said Eccle- 
stone, whereupon and for that it is also informed that the 
present Clerk M r Benjamin Hunt keeps an Ordinary; His 
Excellency is pleased to restore and appoint the said Eccle- 
stone Clerk of Dorchester. 

Coll Nicholas Greenberry of their Majestys Council, and 
Doctor John Brook of the house of Assembly take the Oaths of 
Allegiance &c. also the Oath of Justice of the Provincial Court. 

Proceed to read the forementioned Severall Bills brought 
from the house Viz' 

An Act for preservation of the severall harbours &c. read 
and voted two readings to Morrow. 

An Act for prohibiting Foreign Engrossers, Ordered to be 
referred till to Morrow 

An Act for Publication of all the Laws &c. Read here and 
Set aside as useless 

An Act for Recognition; read and voted 2 d & 3 d reading 
to Morrow. 

An Act for taking away Errors &c. read & Voted 2 read- 
ings more to Morrow 

Adjourn till to Morrow Morning 10 a Clock 

May the 19th 1692 Met in Council Chamber 

His Excellency the Governor. 

!Coll Nehemiah Blackistone ~\ Coll David Brown 
Coll George Robotham > Capt. John Courts 
Coll Charles Hutchins ) M r Thomas Brook. 

Captain Hoskins and M r Wheeler from the house brought 
the following Bills V 



280 Assembly Proceedings, May 10— June 9, 1692. 

u. h. j. An Act for the Service of Almighty God, and the Establish- 
ment of the Protestant Religion in this Province thus Endorsed 
Viz' Read and passed the first reading 

Read here the 2 d time the Act of Recognition &c. 

Read here the 2 d time the Act for taking away Errors in 
Proceedings &c. which last Bill was remitted to the house by 
Coll Hutchins and Captain Courts with this following Message 
in writing- Viz' 



e> 



By his Excellency the Governor and Council in Assembly. 

May the 19th 1692. 
The Bill for taking away Errors in proceedings &c. and for 
relief against the Act for Limitations hath been twice read and 
approved off by the Board as very Necessary to be Passed 
into an Act but they are also of an Opinion that it ought to 
take place from the Begining of the Revolution which was in 
the Month of August Anno 1689. 

Signed p r Order John LLewellin CI. 

618 M r Mason and Major Smallwood from the house brought 
with them the following Bills Viz' 

An Act Prohibiting the Exportation or Sale of their Majestys 
Ordinances &c. thus Endorsed Viz' Read and passed the house. 

They desire that if any Bills had passed this Board their 
honours would please to remitt them to the house. 

The Act prohibiting the Transportation or Sale of their 
Majestys Ordinances &c. Read the first time and referred 
to further Consideration 

Read the 2 d time the Act for preservation of the several 
Harbours within this Province. 

M r Tasker and M r Hammond from the house Came and 
present these following Bills Viz' 

An Act Touching Indians, thus endorsed Viz' read & passed 
first reading 

An Act for the more speedy bringing to Tryall and Sup- 
pressing Criminals and limiting their Punishments for certain 
Offences when prosecuted in the County Courts, Endorsed 
Viz' Read & passed the first reading 

An Act for Limitation of Certain Actions for avoiding Suites 
at Law, Endorsed. 

Read and passed the first reading 

An Act against Hoggstealers and marking of Hoggs ; 
Endorsed Viz' 

Read and passed the first Reading. 

Coll Robotham and M r Brooks sent to the house to under- 
stand the meaning of the house by Endorsing their Bills as 



Assembly Proceedings, May \o-June 9, 1692. 281 

before. Passed the first Reading. They return & Signifie U. h. j. 
the meaning of the house by their said Endorsment to be 
that upon once Reading of every Bill in the house, without 
they send them to their honours for their Perusall and after 
that Admitt them a 2 d & 3 d Reading before they pass them 
into an Act 

Read the Act against Hogstealers and Marking of Hogs 
&c. And finding no Penalty mentioned therein, the same is 
Referred back to the house to know what Penalties they 
intend for the Breach of the Act, and to desire them to Insert 
the same in the Body of the said Act, for that Referrence to 
any former Law in that Case is not thought Sufficient, all 
former Laws of this Province being now of no force 

Read the Act for Limitation of certain Actions &c. and the 
same is approved of by this Board, if the Limitation extend 
but to two years as formerly. 

Read the first time the Act for the more speedy bringing to 
Tryall and Suppressing Criminals &c. Referred to further 
Consideration. 

Read the Act Touching Indians &c. Referred to further 
Consideration 

Coll Brown and Captain Courts sent to the house with the 
following Message and the severall Bills therein mentioned 
Viz 1 

By his Excellency the Governor and Council in Assembly 

May the 19th 1692. 
The several Bills herewith sent Viz' The Act of Recognition, 
the Act for preservation of the several Harbours &c. The 
Act prohibiting Foreign Engrossers, and the Act for Limita- 
tion of certain Actions (provided the time of Limitation may p. 619 
not Exceed two years as formerly this Board Concurr with 
Signed p r Order John LLewellin Clk. 

Adjourn for half an hour 

Met again and present as before 

Doctor Brook and M r Hammond from the house with these 
following Bills Viz £ 

An Act of Recognition &c. 

An Act for Limitations of Actions &c. Amended 

An Act against foreign Engrossers 

An Act for the Preservation of Harbours &c. 

All Endorsed Viz c Read and passed 2 d time 

Doctor Brook and M r Ennalls from the house present these 
following Bills 

An Act for the Inrollment of Conveyances and securing the 



282 Assembly Proceedings, May \o—June 9, 1692. 

u. h. J. Estates of Purchasers Endorsed viz' Read and passed the first 
Reading 

An Act for Marking highways and making the heads of 
Rivers Creeks Branches or Swamps, passable for horse and 
foot thus Endorsed Viz' Read and passed first Reading. 

Adjourn till to Morrow 10 a Clock. 



May the 20th 1692 Met in the Council Chamber 

His Excellency the Governor 
c CollNehemiahBlackiston^j Coll David Brown ^ 
Thehonble^ Coll George Robotham I Captain John Courts y 
I Coll Charles Hutchins j M r Thomas Brooke, j 

Produced and Ordered to be read a Letter from Major 
Beale as follows Viz' 

May the 19th 1692 Western Branch. 
May it Please your Excellency 

I have here sent you the news inclosed that came to me, I 
am just now going up, and will be as Carefull as I can till 
further Order from your Honour and Council I do intend to 
keep out Ranging back of the Plantations till further Orders 
in hast I remain 



To his Excellency the Cap' "" 
Gen' & Chief Governor in 
and over the Province 
of Maryland 



Your Excellencys Servant to 
Command whilst I am 

Ninian Beale. 



Major Ninian Beale 

Honoured S r This is to acquaint you that last night about 
11 or 12 a Clock Came two men from M'Ousleys to Captain 
Addisons to give notice that about 3 a Clock in the afternoon 
M r Ousleys negro Woman going betwixt the Lower and 
Upper house was almost killed by two Indians and hath two 
wounds in her head, and a peice of Skin the breadth of a 
Crown peice flead off her skull, and stabed under the right 
Breast, which wound is thought to be Mortall and Stabbed 
quite through one Arm, with several other small wounds, a 
Cooper being at a Little Distance heard her Cry out, who 
with another Man with him made towards her, which frighted 
them away and in a Little time after M r Ousley being out, 
came home with his Ranging Party and Eleven Pisscataway 
Indians with him, who immediately went after them & found 
where they had Camped near to the house The Indians say 
they think by the footing there is ten of them. They pursued 



Assembly Proceedings, May \o-June 9, 1692. 283 

them so hard that they dropt several things I st pair of Mock- u. h. j. 
asoons, one stick like a back sword much like that you did p- 6ao 
see at Captain Addisons ; M r Ousley returned to his house 
last night, but the Indians are still in pursuit, who says they 
doubt not to come up with them, unless they Come over 
Potowmack M r Ousley and his Party is appointed by Our 
Indians to meet them again this Day; send the inclosed to S' 
Maries with all speed, that the Governor and Assembly may 
be acquainted with it, which is all at present with due respects 
j from Honoured S r 

At Cap 1 Addisons house Your humble Servant 

j To the Honble Major Ninian Beale James Thompson 

at his house Hast for their 

Majesties Service. Post hast. 
1 

j The Inclosed mentioned in the foregoing was a Letter from 

the aforesaid James Thompson to Captain Addison Importing 
the same as before 

Produced also a Letter from Captain Brightwell giving a 
short Account of the same, and desireing a Recruit of fresh 
men Arms and Ammunition & Provisions all which being 
read & Considered, It was Concluded that no effectuall 
Measures can be taken as yet for redress untill such time as 
the Board might be informed from Jacob Young the Inter- 
preter (whom his Excellency had sent up to the Pisscattaway 
Fort for that Purpose) what Indians they may be Suspected 
to be, but that in the mean time a Letter be writt to Major 
Beale giving him thanks for his Advice desireing him to Con- 
tinue his care in Ranging for the security of the Frontiers 
and making what Disco verys he can, and to take Care that 
Captain Brightwell and his party be Relieved and Supplyed 
with men and Provisions as he hath requested. 

By his Excellency the Governor and Council 
May 20th 1692. 
Major Beale 

Yours of the 19th Instant in relation to the Indians is come 
to hand & hath passed the Consideration of this Board, for 
your care therein you are Commended and herewith receive 
thanks with due directions also to Continue your Dilligence 
in Ranging for the security of the Frontiers and making what 
discovery you can to be upon Occasions hither Transmitted, 
and for that purpose you are to Supply Captain Brightwell 
with Men and Provisions suitable for the Charge he hath, and 
also pursue yourself such Methods as may be most proper 
and suitable to the Occasion untill such time as the Board may 



284 Assembly Proceedings, May YO—June 9, 1692. 

u. h. j. be Advised from Jacob Young (for that purpose sent up to 
the Pisscattaway Fort) what Indians they are ; and you shall 
thereupon receive further Orders and Instructions therein. 

Signed p r Order John LLewellin CI. 
What flints you have to spare or can procure, you are 
desired to send down by the Bearer or other Safe Opportu- 
nity with all Convenient Speed. 

A Message from the house by M r Winn the Attorney Gen- 
eral M r Mason, Mr. Tasker, and M r Hoskins, to deliver the 
severall Bills following Viz' 

An Act declaring what shall be done by the Sheriffs 
ex Officio. 

An Act securing Merchants and others Tobacco 5 after they 
have received it. 

An Act prohibiting Arrests on Sabboth Days & Days of 
Gen 1 Musters & Trainings 

An Act Concerning the height of fences. 

An Act against Burners of fences 

All Endorsed Viz' Read and passed first reading 

The Attorney General at Delivery of the said Bills read the 
Titles of the Same and the Message thereupon as follows Viz 1 

p. 621 By the house of Assembly 20th May 1692. 

This house do humbly conceive that the Stile appointed to 
be given the Laws of this Province by your honours being 
Contrary to the President of all Our Neighbouring Plantations 
do humbly desire your honours Concurrence with this house 
in the Stiling of them after the Example of Virginia or 
Jamaica the same being approved of in England 

Signed -p r Order Henry Denton CI Assembly. 

To which the Attorney General by Word of Mouth also 
moved the Concurrence of this Board and that the Enacting 
part of all Laws May be thus rendered Viz 1 By the King & 
Queens most Excellent Majesty by and with the Advice and 
Consent of the General Assembly &c. which besides the 
reasons Mentioned in the aforesaid Message is most proper 
and Pertinent for that the Governor representing the Kings 
Person cannot without tautology be made a party to the same. 

Another Message from the house delivered at the same 
time as follows Viz' 

By the house of Assembly May the 20th 1692. 
This house humbly desires your honours would be pleased 
to Expedite those Bills hither, yesterday sent you, for the 
Clerks are now ready to go upon Engrossing the Laws. 

Signd -p r Order Henry Denton CI Assembly. 



Assembly Proceedings, May \o-June 9, 1692. 285 

Then read the Act for Enrollment of Conveyances &c. as u. h. j. 
to the fees therein Limited this Board Except against the 
same, as also against the Termination thereof in three years 
Whereas all Laws that may be thought Convenient (unless 
such as are for a Temporary End & design) ought to be 
indefinite, especially this Act of so great moment as the Estab- 
lishment and Confirmation of Our Inheritances. 

Read the Act for making high ways &c. wherein it is con- 
ceived that it ought to be left to the discretion of the Justices 
of the County Courts, what roads and in what manner they 
shall think such reparations shall be made as the said Act 
requires, and then the same also to be indefinite. 

The Act for Limitation of certain Actions read here the 
second time. 

The Act for taking away all Errors in proceedings read the 

3 d time 

■ 
1 

By his Excellency the Governor and Council in Assembly. 
20th May 1692. 

The severall Bills herewith sent Viz 1 the Act of Recognition 
&c. The Act for Limitation of certain Actions &c. The Act 
for the preservation of the Several Harbours &c. The Act 
for Enrollment of Conveyances &c. The Act for marking 
high ways &c. The Act for taking away Errors &c. have 
been read and Considered by the Board ; whose Opinion 
they think fit to Signifie to the house as follows Viz t 
As to the Act of Recognition they Conceive it Necessary 
that the preamble thereof were better Excluded & the Recog- 
nizing part only taken notice of according to the Precedents 
and Examples of England and Our Neighbouring Collonies, 
that the same may appear to proceed freely from Us without 
any Sinister End or Condition of Covenant Inducing there- 
unto. 

The Act against Hogstealers particularises no Penalties to 
be inflicted upon the Offenders for breach thereof, but referrs 
to former Acts, which seems to this Board to be altogether 
insignificant, all the Laws in Generall of this Province formerly 
made Being now Abolished and of no force, also for the p. 622 
better and more Easy discovery of Criminalls in that and all 
other matters of like Import Viz' in all Cases of petty Lar- 
cenys and stealings of Provisions or other Goods ; it were 
Convenient that the Onus Probandi lye upon the Party 
charged, and in whose Custody the same may be found ; that 
in Case he or she cannot Sufficiently make appear and prove 
when and where and how they came by the same ; It shall be 
a Sufficient Conviction of the Crime, and the Punishment 



286 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. thereof to be better Considered of, and Reduced to fine, Ser- 
vitude or otherwise as shall be thought fitt, more Agreeable to 
the Laws of England. 

In the Act for Enrollment of Conveyances &c. there is a 
certain fee granted to the Clerk which (as in all other Acts to 
be drawn) this Board desires may be Waved as a Matter 
wholly Vested by their Majesty s in the Governor with the 
Advice of his Council. 

The Act for marking highways &c. It is desired and thought 
necessary that a Clause be Added Empowering the Commis- 
sioners of every County Court to direct and appoint what 
roads and Paths and how and in what manner to be 
Ammended and repaired as they in their discretion shall think 
fitt ; And generally the house is desired and Advised to 
render all their Laws indefinite as a matter particularly 
Recommended to his Excellency by their Majestys in their 
Instructions to him with these Amendments and Regulations, 
this Board is willing to Concurr with the house in passing the. 
said Bills, and desire to Conferr with them Concerning these 
and the Rest of the Bills now before them. 

Signed -p r Order John LLewellin Clk 

The Act Securing Merchants and others Tob a &c. 
An Act prohibiting Arrests on Sabboth Days &c. 
Act declaring what shall be done by Sheriffs Ex Officio 
Act Concerning the heights of fences 
Act against Burners of Fences 

All read here first time & Voted a Second reading to 
Morrow. 

Adjourn till to Morrow Morning 10 a Clock 



May the 21st 1692 Met in the Council Chamber 

His Excellency the Governor 
Coll Nehemiah Blackistone \ Coll Nicholas Greenberry 
Coll Henry Jowles > Coll Charles Hutchins 

Coll George Robotham J Coll David Brown 

Capt. John Courts. 

A Message brought from the house by M r Hammond and 
M r Dorsey Viz 1 

By the house of Assembly 21 st May 1692. 
This house being ready to go upon the Debate for Settling 
an Allowance for the Support of Government and being will- 
ing to inform themselves of the yearly Revenue of the Impo- 



Assembly Proceedings, May \Q—Jtme 9, 1692. 287 

sition of the 2/ p r hhd. do therefore humbly desire your u. h. j. 
Excell y will be pleased to permitt M r LLewellin to come down 
to the house for some small time and that he may bring along 
with him the severall Accounts by him Taken from the Navall 
Officers of this Province to the end they may be rightly 
Informed about the same. 

Signed -p r Order Henry Denton CI Assembly. 

Coll George Robotham and Captain Courts together with p- 623 
John LLewellin Clerk of the Council Appointed and Ordered 
to go to the house with what Accounts he the s d LLewellin 
hath in his Custody and to shew them to the house, and also 
to let them know that Care is taken for sending to Major 
King Navall Officer at Pocomoke District for the rest of the 
Acc ts in his hands, which is suddenly Expected will be here, 
but they may make the best Computation it is to be Supposed 
from the Book of Entries where every years accounts are 
Summed up but neither from thence can they make any cer- 
tain Calculation ; The incomes thereof being Various and 
different every year according to the number of Shipping 
coming here, and the Crops of Tobacco here made. 

Sent also by them the Message last Drawn up yesterday 
and the severall Bills therein Mentioned. 

Also the Address Signed by this Board sent to the house to 
be Signed there 

Produced and read a Letter from M r Griffith Jones to the 
Governor Viz' 

May it please your Excellency 

The Account that I can give to your Excellency concerning 
M r Lillingstone and the Transactions of him and his Com- 
plices at a Court held in Talbot County the third Tuesday in 
february last is as follows Viz' That the said M r Lillingstone 
Came to Court on Tuesday morning and taking an Upper 
room in the Court house Continued there untill Friday follow- 
ing, during- which time he and his Associates were Drinking; 
That M r Finney and other Gentlemen of the Court being in 
Company with M r Lillingstone It was Demanded by some of 
his Company by what Power or Authority they held a Court, 
that the Company that M r Lillingstone had were such persons 
as were disaffected to the present Governm' That on Thurs- 
day Night following the Court breaking up that Evening some, 
of M r Lillingstone Company leaving him in the room, went 
down and did put their heads into the Pillory and others took 
their horses and rid into the Court and did carry their horses 
upon the Bench where the Justices did usually sit, the next 



288 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Day the said M r Lillingstone and his Company Bespoke a 
Dinner to be brought to the water side and a Table to be 
there where they did Carrouse that Day, and the Company 
would have a name of the Meeting what their Meeting should 
be called by, and it was answered a Convention M r William 
Finney can give your Excellency a more larger Account, and 
also the names of the Persons of that Society who is ready 
when your Excellency requires ; I am 

Your Excell ys most humble & Obedient Servant 

Griffith Jones. 

1 6th May 1692 

The Information of M r William Finny of Talbot County 
saith That in February last M r John Lillingston in Company 
with Michael Earle, Joseph Green, John Hinson, Thomas 
Smith, Joseph Lambert and severall others which the Informant 
cannot remember Came to Talbot County Court during their 
sitting and holding Court in the said month of February, and 
took a room in the Court house over the Commissioners 
Chamber one day during the said Court the said Thomas 
Smith Came into the Commissioners Room, and asked them 
by what Authority they held Court. The Informant asked 
him how he dare ask such a Question but he had denyed he 
had said so, M r Edmondson being present walked along the 
p. 624 Roome Averred he did so, the Informant (to the best of his 
Remembrance) called him Impudent fellow or such like Term, 
and Commanded him out of the Room ; The Day following 
and the Court being over, the Informant having some Busi- 
ness, and coming to the Court house he saw a great Deal of 
Victualls coming out of the Court house, and Carrying into 
the field, and meeting with M r Salter the man of the house, he 
asked the Informant if he would not go to Dinner with them, 
The Informant asked him with whom so the said Salter told 
him of the whole Gang; but hearing by M r Griffith Jones, and 
the said M r Salter what mad pranks they had played the night 
before; The Informant refused and did not go among them, 
for he was told they had been drinking all night, some of them 
had ridd their horses into the Court house, some in their frol- 
icks had put themselves into the Pillory and there they Drank 
that Day at the Point they were so drunk that they fell 
together by the Ears ; and Michael Earle flung Joseph Green 
in the Water and Lillingstone fell to Cursing Michael Earle 
&c. And in their frolicks they would give a Name to their 
place of Meeting, and Lillingston he said it should be called 
the Convention ; but others said no, that would be too broad ; 
It should be Called Lambeth Hall, the aforesaid Company 
continued in their frolicks for the space of four Days or there- 
abouts. William Finney. 



Assembly Proceedings, May \o-June 9, 1692. 289 

Ordered that Coll George Robotham Call before him the u. h. j. 
aforesaid John Lillingstone, and other the persons in the fore- 
going Information Mentioned, and take Bond with good 
Security for each of them to appear at the next Provincial 
Court to answer what shall be Alledged against them on their 
Majestys Behalfs; and for their good Behaviour in the mean 
time, and that John Salter M r Finney and M r Griffith Jones be 
Summoned as Evidences against them 

Memorandum as to what words was Spoken by M r Francis 
Perkins Merchant of London on the 28th Day of April 1692 
at London Town in Ann Arundell County in the hearing of 
us whose names are underwritten Viz' the said Perkins said 
that he was on Board Captain Browns Ships in Plymouth 
when Captain Cood came on Board the said Ship, and the said 
Cood enquired of the said Brown for one Benjamin Ricard 
who he Expected to find there bound for Maryland, But the 
said Brown did tell him that no such person was there ; 
Whereupon the said Captain Cood desired the said Brown to 
permitt him a passage on Board the Ship Bayley, M r Peregrine 
Browns Ship riding in the same Harbour, and the said Cood 
going on Board the said Ship with Captain John Brown where 
the said Cood met with the said Benjamin Ricard, and there 
delivered unto him a Pacquet of Letters directed to this Prov- 
ince of Maryland for their Majestys Service ; But after the 
two Browns Ships were out at Sea, and Coll Coursey & 
Captain Hynson Passengers in the said Peregrine Browns 
Ship & M r Lillingstone and M r Lingan Passengers in John 
Brown's Ship, they made many Visits some times on Board 
one Ship and the other ; & Coursey, Hinson, Lillingstone, 
Lingan with M r Peregrine Brown and some others in the said 
Ship did all Agree and Resolve to make a private Search in 
the said Ship to find out the said Pacquet of Letters and if 
they could by any ways find them out was all agreed to break 
them open and see the Contents what was in them but could 
not tell whether the said Letters was found or not no other- p. 625. 
ways then that he did hear the said Ricard say that such a 
Pacquet of Letters had been taken out of his Chest. 

Nicholas Greenberry 
James Saunders 
William Hopkins 

Whereupon it is the Opinion of this Board and Ordered 
that Coll Nicholas Greenberry do Cause to come before him 
the afore named Francis Perkins and (if he be bound back for 
England this Shipping) to take his Deposition what he knows 



290 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. in the premisses otherwise if he shall Continue in the Country 
to bind him to the next Provincial Court to Testifie the same 
Viva Voce. 

Summons also to issue to Edward Felks to appear at the 
next Provincial Court to Testifie the Truth of his knowledge 
on behalf of their Majestys and to answer what shall be pro- 
posed to them, the said Summons to be directed both to the 
Sheriff of Ann Arundell County and of Baltimore County 

The like Summons to Richard Wharfield to Ann Arundell 
County 

A Message from the house by M r Hawkins, M r Boothby & 
M r Hoskins Viz' 

By the house of Assembly 21 st May 1692. 
This house do think Convenient that every County Court 
within this Province should have an Escutcheon 81 Seal with 
his Majestys Coat of Arms thereon belonging to it, And do 
therefore humbly desire your Excellency will be pleased to 
give Order for the same to be brought in, and that the name 
of the County to which each Seal shall Belong be put Round 
the said Seal and the Charge thereof, this house has Ordered 
shall be reimbursed by the said Counties. 

Signed p r Order Henry Denton CI Assembly. 

Together with the foregoing Message was delivered these 
following Bills Viz ( 

An Act relating to the Seizure of Tobacco, by the Sheriff 
Endorsed Viz c 

May the 21 1692 read and passed first Reading. 

An Act concerning Negroes and Slaves read the first time 
and it is the Opinion of this Board that imposing Slavery on 
the Children of white People is too Severe, recommend the 
Same to be Moderated, and the time of Servitude Limitted as 
formerly to 31 years. 

The Act for restraining the unreasonable Increase of Horses 
&c. read first time. 

M r Winn, M r Tasker, & M r Mason from the house with the 
Address sent them, they Approve of the same with the 
Amendment in the Title of the ffreemen of their Majestys 
Province of Maryland by their representatives in a General 
Assembly met together (as it is before Entered ; instead of 
the Freemen of their Majestys Province of Maryland Gener- 
ally Assembled and met together) as the Same was before 
that Expressed. 

Summons Ordered for John Salter to appear before the 
Board to Testify against M r Lillingstone, the same issued as 
follows Viz' 



Assembly Proceedings, May \o-Jtine 9, 1692. 291 

By his Excell y the Governor and Council 21 May 1692. u - H - J- 
Ordered that the Sheriff of Talbot County do forth with 
upon Sight hereof Summons and give notice to John Salter of 
Talbot County Innholder, that all Excuses set apart he be and 
appear before this Board ; or before his Excellency the Gov- 
ernor with all Convenient Speed to Answer and Testify the 
Truth of his knowledge to such matters and things as shall 
be proposed unto him on Behalf of their Majestys, whereof he 
is not to fail as he will Answer the Contrary at his utmost p- 6z6 
Perill. 

Signed p r Order John LLewellin CI. 
To M r Samuel Withers High 
Sheriff of Talbot County these 

Came M r Boothby from the house and delivered the follow- 
ing Message 

By the house of Assembly 21 May 1692. 
This house does desire that your Excellency will be pleased 
to appoint Monday next for the Conference Mentioned in 
your last Message sent hither at which time they will be ready 
to Attend the Same. 

Signed p r Order Henry Denton CI Assembly 

To which the Board Ordered Answer to be returned in 
writing as foil Viz' 

By his Excellency the Governor & Council in Assembly 

May the 21 st 1692 
Monday next is appointed for the Conference and the house 
is desired to Attend his Excellency and this Board in the 
Council Chamber at Eleven a Clock in the forenoon of the 
same Day. 

Signed p r Order John LLewellin CI. 

The severall Bills before the Board taken into Considera- 
tion read and Remitted to the house with the following 
Message concerning the Same. 

By his Excellency the Governor and Council in Assembly 
May 21 st 1692. 

These Bills following Viz' for securing Merchants & others 
Tobacco &c. 

Prohibiting Arrests on the Sabboth Days &c. Declaring 
what shall be done by the Sheriffs ex officio ; Concerning the 
height of fences ; against burners of fences ; relating to the 



292 Assembly Proceedings, May lo-jfune 9, 1692. 

u. h. j. Seizure of Tobacco by the Sheriff; Concerning Negroes and 
Slaves; & for the restraining the unreasonable increase of 
horses &c. have all been read here once, as to the Act con- 
cerning Negroes &c. it is the Opinion of the Board that the 
imposing of Slavery on the Children it seems to be severe, 
and rather propose the Limiting their time of Servitude to 31 
years as formerly, the rest of the aforesaid Bills (except that 
for the restraining the Increase of horses &c which is referred 
to the Conference, are herewith Remitted to the house with- 
out Alteration. 

Signed p r Order John LLewellin CI. 

The said Bills and both the foregoing Messages sent to the 
house by Coll Brown and Coll Hutchins. 

Adjourned till Monday Morning 10 a Clock. 



May the 23 d 1692 Met in Council Chamber Viz' 

His Excellency the Governor 
( Coll Blackiston ^ Coll Greenberry 1 
The honourable -j Coll Jowles > Coll Hutchins > Present 
( Coll Robotham J Coll Brown | 

The following Bills were brought hither from the house and 
delivered by M r Dent and M r Boothby to the Clerk on Satur- 
day last after this Board was Adjourned 

An Act for the Preservation of the several Harbours &c. 
21 May read the first time 

An Act for Limitations of Actions &c. May 21 read 3 d 
time 
6 An Act against Hogstealers & May the 2 1 read 2 d time 

An Act securing Merchants & others Tobacco 5 &c. May 
2 1 read 2 d time 

An Act for Marking high ways &c. May 21 st read 2 d time 

An Act Prohibiting Arrests on Sabboth Days&c. May 21 st 
read 2 d time 

An Act against Burners of Fences May 21 read 2 d time 

An Act Concerning the height of ffences May 21 read 2 d 
time 

An Act declaring what shall be done by Sheriffs ex officio 
May 21 read 2 d time 

Thomas Courtney of S' Maries County being Summoned 
and ordered to appear here before this Board upon an Inform- 
ation and Complaint made by his Malatto Girl against him for 
having maimed and dismembered her by Cutting of both her 
Ears close to her head accordingly Came and made his Appear- 



Assembly Proceedings, May lo-June 9, 1692. 293 

ance: being charged therewith he Confessed that being sev- u. h. j. 
eral times urged and provoked by the many Villanous Actions 
of the said Servant in Theiving & frequent running away &c. 
without any hopes of Amendment he was forced at last to use 
that Severity towards her in order to reclaim her, thinking 
that as his Slave, he might do with her as he pleased ; He is 
Ordered a while to withdraw. 

M r Dent from the house came to desire this Board to remitt 
what Bills lay before them to the house, for that their Clerks 
were now ready to go about Engrossing the Same 

Proceed to reading the said Bills Viz c 

The Act for Preservation of severall Harbours &c. read 
here the third time (Remark) the Terminative part (if any to 
.be) being by reason of the Obliteration rendered Imperfect 
wants Amendment. 

The Act for Limitation of Actions &c. read here 2 d time 

The Act against Hogstealers &c read 2 d time here & 
referred to further Consideration 

The Act relating to Seizure of Tobacco by the Sheriff read 
here 2 d time 

The Act for securing Merchants & others Tobacco 5 &c. 
read here 2 d time 

The Act for marking high ways &c. read here 2 d time 
(Remark) there ought to be a fine Imposed upon the Over- 
seers for their neglect as well as upon the Commissioners and 
the Labourers by them Appointed for any Defect in them. 

The Act Prohibiting Arrests on the Sabboth Days &c. read 
here 2 d time 

The Act Declaring what shall be done by the Sheriffs 
ex officio read 2 d time 

The Act against Burners of Fences ; read here the 2 d time 

The Act Concerning the height of Fences ; read here the 
2 d time. 

The Speaker and other the members of the house attend 
the Board in Conference & proceed to the same in relation to 
the several Bills offered by them this Sessions Viz' 

The Act lor Recognition. They agree to the Amendment 
desired. 

The Act against Hogstealers &c. Referring to another 
Act, they say that Act is now revived so the Penalty Ascer- 
tained, but they are desired to Consider of some other Penalty 
then Cropping &c. as not suiting with his Excellencys Instruc- 
tions to inflict any such Punishment Contrary to the Laws of 
England, and therefore propose Servitude or other Penalty 
more Suitable to the fact, They will consider of, and as the 
Onus Probandi do lye upon the Party with whom found they 



294 Assembly Proceedings, May \o—June 9. 1692. 

u.h.j. are willing the Party Accused or Suspected should be put to 
prove where he had it. 

The Act for Enrollment of Conveyances &c. as to the fees 
therein Mentioned Alledged by the Board to be Vested in the 
Governor and Council to Ascertain ; They say it is the Privi- 
p. 62S ledge of the Freemen of this Province not to have any fees 
Imposed or Extorted from them but by their own Consent in 
Assembly, And this they have Unanimously Voted in their 
house to be their undoubted right, backed by Magna Charta. 
His Excellency's Instructions in that particular read, to them 
authorizing him with his Council to Regulate the Officers fees 
in this Province, They recite severall Statutes of England 
shewing the Settlement of all fees to be by Act of Parliament 
To which is Answered that the Governor and Council does 
not take upon them, nor is it intended, Settle or New found 
any fees of themselves, but his Excellency, where Occasion 
shall be for the Ease and Satisfaction of the People and for 
their relief against Oppression, may and hath power with the 
Advice of his Council to regulate and moderate those fees 
already Settled or hereafter to be Appointed as he shall see 
fit and Convenient; They say that such Provision will be 
made for that in another Act now preparing for Officers fees ; 
as they doubt not will give his Excellency full Satisfaction in 
that point. 

His Excellency proposes to them the making indefinite and 
not Temporary what Laws they shall think fitt to make as 
good and wholesome for the Inhabitants and their good Gov- 
ernment thereby to save the Charge of Assemblys meeting on 
purpose to revive those Laws, and if at any time hereafter 
any of them become Burthensome or grievous they may be 
repealed and made Void ; To which they answer that they 
have Sufficiently Experienced the ill Consequence of perpetual 
Laws so Called as to give them Caution of being too forward 
in passing too Many of that kind again ; But for what Bills 
are preparing now ; if his Excellency shall not think fit or Safe 
for him to pass them as they are drawn, and shall please to 
Signifie his reasons therefore to the house, they will endeavour 
to give him Satisfaction therein & Comply with anything 
reasonable. 

The Act for marking high ways &c. they consent to Impose 
a Penalty on the Overseers for their Defect as desired. 

Recommended to them the making of a Law in favour of 
Negroes & Slaves to prevent the Barbarous Tyrrannical and 
Inhumane usage of them as is too much Practiced by some 
People here, They consent thereto and will accordingly pro- 
vide by a Law Declarative of the Laws of England in such 
like Cases. 



Assembly Proceedings, May \o-June 9, 1692. 295 

They desire and move that the Enacting part of all the u. h. j. 
Laws now to be passed may (according to the President and 
Example of all Our Neighbouring Colonies) be Expressed by 
King and Queens most Excellent Majesties by and with the 
Advice and Consent of this present General Assembly &c. 
which is approved of and Consented to by the Board. 

The Act restraining the unreasonable Increase of Horses 
&c. the reasonable time for their cutting ought to be Ascer- 
tained, and not left in Doubtfull Terms, They referr that to 
his Excellency to prefix the time when to be cutt, and then as 
for their Stature the same to be Adjudged by the next Magis- 
trate 

Proposed to them the preparing a Law for Securing their 
Majesties Debts fines and forfeitures ; They Concurr there- 
with and will provide for the same as formerly hath been for 
the Lord Proprietary, The Conference breaks up. 

The Act against Hogstealers &c. read the 3 d time here. 

The Act for more Speedy bringing to Tryal & Suppress- 
ing- Criminals read hear 2 d time 

The Act restraining the unreasonable increase of horses &c. p. 629 
read here 2 d time 

Thomas Courtney called in and is Ordered good Security 
to find for his and his Wifes Appearance at the next Provin- 
cial Court to answer &c. and in the mean time to be of good 
Behaviour. 

The Acts for the Preservation of the Several Harbours &c. 
for Limitation of Actions &c. relating to Seizure of Tobacco 
&c. for securing merchants & others Tobacco &c. for marking 
high Ways &c. Declaring what shall be done by the Sheriffs 
Ex officio &c. Prohibiting Arrests &c Burners of fences &c. 
Concerning the heighth of Fences &c. against Hogstealers. 
Concerning Criminals &c. sent to the house by Coll Hutchins 
& Coll Brown together with the following Message Viz' 

By the Governor and Council in Assembly 23 May 1692. 

With the several Bills herewith sent, This Board recommend 
to the house the several Amendments and Alterations treated 
of at the Conference, particularly in the Act for Hogstealers 
& that for the speedy bringing to Tryall & Suppressing 
Criminals &c the party with whom the thing Stolen shall be 
found, may be Obliged to prove how when or where he or she 
came by the same, and for want of such Proof to be convict 
&c the Obliteration in the Terminative part rendering it 
Deficient and Imperfect ought to be amended but more Neces- 
sarily and reasonably totally & Concluded in this as in other 
Acts to be passed this Sessions for the good and Benefit of 
the Country. 



296 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. I n the Act for Marking high ways &c. a Clause to be Added 
imposing a Penalty on the Surveyors as well as the Commis- 
sioners and Labourers for their Neglect. A Law to be made 
Restraining the Barbarous and inhumane usage of Negroes 
and Slaves. The time for cutting Horses to be in Six weeks 
after taking up, and their Stature to be adjudged by the next 
Magistrate, a Law to be provided for securing their Majestys 
dues fines and forfeitures &c. what other Amendments were 
Treated of or shall be thought necessary the house is desired 
to Consider of & proceed accordingly. 

Signed p r Order John LLewellin CI. 

Adjourn for an hour 

Met again present as before 

Came M r Boothby, M r Wynn, M r Dent, and M r King from 
the house with the following Message, which they Deliver & 
retire Viz' 

An Act for Appointment of certain Officers Endorsed 23 d 
May 1692 read first time 

An Act Prohibiting Arrests on the Sabboth Days &c. May 
23 read 3 d time 

An Act for Limitation of Actions &c. May 21 read 3 d time 

An Act relating to the Seizure of Tobacco &c. May 23 d read 
3 d time 

An Act for Enrollment of Conveyances May 23 read 2 d and 
3 d time 

An Act appointing Commissioners in each respective County 
May 23 d read first time. 

An Act Prohibiting Trade with the Indians &c. May 23 
read first time 

An Act Prohibiting Commissioners &c. to plead as Att rys 
read & passed the house the i 5t reading 23 May 1692. 

An Act for Marking high ways &c. May 23 d read 3 d time 

An Act for Regulating Ordinarys &c. Endorsed May 23 d 
read first time 

An Act Securing Merchants and others Tobacco &c. May 
23 d read first time 

Brought from the house by M r Wynn & M r Dent these fol- 
lowing Bills Viz' 

An Act for the more Speedy bringing to Tryall and Sup- 
pressing Criminals &c. Endorsed Viz' May 23 d read the Second 
time. 
p. 630 An Act against Hogstealers &c. May 23 d read 3 d time 

An Act restraining the unreasonable increase of horses 
May 23 d read Second time being Amended. 

An Act concerning proceedings at Law, May 23 d read first 
time 



Assembly Proceedings, May iQ-June 9, 1692. 297 

An Act for Amerciaments &c. May 23 d read first time u - H - J- 

An Act Imposing a Penalty on all such as shall dispose of 
Tobacco Seized or received &c. May 23 d read first time 

Ordered to be read the said Bills here Viz' 

The Act for the more Speedy bringing to Tryall and Sup- 
pressing Criminals &c the 2 d time read here ; remark. The 
amendment agreed on, that as to the proof of the fact 
especially concerning Meate Stolen not to be proved or very 
rarely, but by purging the Party and used upon Oath, It is 
desired that it may be accordingly Provided for, either in this 
Act, or that other against Hogstealers. 

The Act for restraining the unreasonable increase of horses 
&c. laid by till such time as the house have discoursed Coll 
Darnall concerning his Demands 

The Act prohibiting Arrests upon the Sabboth Days &c. 
read here 3 d time 

An Act for Limitation of Actions read 3 d time 

The Act relating to the Seizure of Tobacco &c. read 3 d time 

The Act for marking high ways &c. with a Clause for a 
fine on the Overseers for their Neglect read 3 d time. 

The Act for Securing Merchants & others Tobacco &c 3 d 
time read 

The Act for regulating- Ordinaries &c. read first time & laid 
by to be Considered. 

The Act prohibiting Commissioners &c. to plead as Attor- 
neys read first time. 

The Act Prohibiting Trade with the Indians ; first time read. 

The Act appointing Commissioners in each respective 
County; first time read 

The Act for Enrollment of Conveyances &c. 2 d time read 
this Especially to be indefinite 

The Act for appointing certain Officers I st time read ; Re- 
mark the Act of Parliament of England touching persons of 
tender Conscience ought to be Considered and in no wise to 
be Repugned. 

The Act concerning proceedings at Law first time read. 

The Act imposing a Penalty on all such who shall dispose 
of Tobacco Seized or received p r the Sher: or others &c. first 
time read. 

These Severall Bills following Viz' for Amerciaments. Im- 
posing a Penalty on all such who shall dispose of Tobaco &c. 
Concerning proceedings at Law for Appointment of certain 
Officers, for Enrollment of Conveyances &c Appointing 
Coroners &c. Prohibiting- Trade with the Indians for flesh 
&c. Prohibiting Commissioners &c to Plead &c. for securing 

- ... 

merchants & others Tobacco &c. for Limitation of Actions &c. 



298 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Prohibiting Arrests on Sabboth days &c. Against Hogstealers 
&c. Speedy bringing to Tryall Criminals ; all remitted to the 
house with the following Message Viz' 

By his Excellency the Governor & Council in Assembly 

May 23 d 1692. 
This Board according to the request of the house have sent 
them the severall Bills, before them, some few only reserved 
p- 6 3i for further Consideration, The Act against Hogstealers is not 
provided for (as to the point of Proof) as was agreed on, it is 
desired that either in this or that other Act for the more 
speedy bringing to Tryall of Criminals & c that defect may be 
Supplyed, In the Act for Appointment of certain Officers, 
there ought to be a provision made for Persons of tender 
Consciences in some points as the Act of Parliament directs 
that it may not be repugnant thereunto. All or most of the 
Bills ought to be indifinite only such as are of themselves of 
a Meere Temporary nature being made such, and with the 
aforegoing Amendments Alterations or Additions with what 
also was discoursed off, at the Conference this Board (if the 
house pass them into Acts) will Concurr therewith. 

Signed p r Order John LLewellin CI. 

M r Benjamin Scriviner Sworn Sheriff of Ann Arundell 
County and also took the Oaths appointed by Act of Parlia- 
ment instead of the Oaths of Allegiance and Supremacy. 

His Excellency delivers to the Clerk these following Bills 
sent from the house Viz' 

An Act for Encouragement the Importation of Negroes & c 

An Act for Encouragement of such Persons as will under- 
take to Build Water Mills. 

An Act providing what shall be good Evidence to prove 
foreign Debts 

An Act for Publication of all the Laws of this Province 
all thus Endorsed Viz' May 23 d 1692. read first time 

Adjourn till to Morrow Morning 10 a Clock 



May the 24th 1692 Council Mett 
Present 

His Excellency the Governor 

( Coll Blackistone \ Coll Greenberry] 

X Coll Jowles \ Coll Hutchins K 

( Coll Robotham J Coll Brown ) 

Brought from the house by M r V/ynn and Major Campbell 
these following Bills Viz' 



Assembly Proceedings, May \o-June 9, 1692. 299 

An Act for the more Speedy bringing to Tryall and Sup- u. h. j. 
pressing Criminalls & c May the 24th read the 3 d time. 

An Act against Divulgers of false news read and past the 
first time 

An Act for Naturalization of John Ouldson & Mathias Van- 
derheyden May 24 th 1692 read first time 

An Act for Payment of fees, due from Criminal persons 
May 24th 1692 read first time. 

An Act for killing of Wolves May 24th 1692 read first time 

An Act against those Servants that have Bastards & c May 
24th 1692 read the first time 

An Act concerning what shall be Allowed to Grand Jurys 
that are Summoned out of the Body of this Province to serve 
at Provincial Courts May 24th 1692 read first time 

An Act for Stay of Executions after April Court May 24th 
1692 read first time 

An Act prohibiting Masters of Ships & c from Transporting 
any Persons out of this Province without passes' May 24th 
1692 read first time 

An Act Empowering the Commissioners of the County 
Courts to Levy and raise Money to Defray the necessary 
Charges of their Counties May the 24th 1692 read first time. 

Came M r Hammond from the house with this following 
Message Viz 1 

By the house of Assembly May 23 d 1692. 
This house has appointed a Committee to inspect and 
Regulate all Publick Accounts, and have thought fit to Signify 
to your Honours to the End your Honours may (if you think 
it Necessary) send two of the Gentlemen of that Board to p. 632 
joine with the said Committee. 

Signed p r Order Hen: Denton CI Assembly. 

Answer sent by Coll Hutchins as follows Viz' 

By his Excellency the Governor and Council in Assembly 
May the 24th 1692 

By reason of the Absence of some of the Members of this 
Board upon urgent Occasions permitted to go home, they 
cannot Spare any more to Join in Committee with those of 
the house appointed to inspect the Publick Accounts without 
breaking their Quorum, the house therefore is desired to Sus- 
pend the proceedings of the said Committee till to Morrow 
by which time, it is hoped the Absent Members of this Board 
may return 

Signed p r Order John Lewellin CI. 



300 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Ordered to be read the severall Bills delivered the Clerk 
last night Viz' 

The Act for Encouragement of the Importation of negroes 
and Slaves into this Province first time read 

The Act for Encouragement of such Persons as will under- 
take to Build Water Mills first time read. 

The Act providing" what shall be good Evidence to prove 
foreign Debts first time read. 

The Act for Publication of the Laws within this Province 
first time read. 

Proceed next to read the Severall Bills this Day brought by 
M r Wynn and Major Campbell and accordingly was read as 
follows Viz 

An Act for more Speedy bringing to Tryall and Suppress- 
ing Criminals & c 3 d time 

An Act against Divulgers of false News first time 

i\.n Act for Naturalization of John Ouldson & Mathias Van- 
derheyden first time 

(Remark) Reccommend to the house the renewing or pass- 
ing of a new Act for the Naturalization of all those Persons 
gratis that formerly in Governor Notleys time were Naturalized 
and paid all the Charges thereof, but afterwards those very 
Bills were unadvisedly (amongst others then passed) by his 
Lordship Deemed and declared Null & Void. 

An Act for payment of fees due from Criminal persons first 
time read & to be Considered 

An Act for killing of Wolves first time 

An Act concerning those Servants that have Bastards i sl 
time (Remark) It seems more proper to Oblige the Father to 
save the County harmless, than impose Marriage 

An Act concerning what shall be allowed grand Jurys & c 
first time (Remark) the Allowance to be Levyed in the respec- 
tive Counties as expressed in the Bills, but to be made good 
to the Sheriff of S' Maries County and he Obliged to take 
care for their Accomodations and be accountable to them for 
the same. 

An Act for staying of Executions after April Court first 
time 

An Act Prohibiting Masters of Ships to Transport any with- 
out passes, first time. 

Brought from the house by M r Clerk and M r Dorsey the 
following Bills V £ 

An Act for the publication of Marriages May 24th 1692 
read first time 

An Act for the Constables taking the list of the Taxables 
May 24 th 1692 first time ' 



Assembly Proceedings, May \o-June 9, 1692. 301 

An Act for Easment of the Inhabitants of this Province in u - fi H - J- 

Suits at Law for small Debts May 24th 1692 Read the first P ' 33 

time 

An Act for Quieting Possessions May 24th read first time 
Coll: Jowles and Coll Brown sent to the house, with this 

following Message, & the severall Bills relating thereto and 

read this Day in this house Viz' 

By his Excellency the Governor & Council in Assembly 
May the 24th 1692. 

Whereas in the time of Governor Notley (amongst other 
Acts then passed severall private Bills in favour of severall 
Aliens Inhabitants of this Province, for their Naturalization, 
and for which they duely paid and Satisfied their fees and 
charges accruing; were afterwards by the Lord Baltimore 
unadvisedly by Mistake or otherwise Dissented, Anulled and 
made Void and the Parties thereby deprived of the Benefit 
thereof Notwithstanding their great charges and Expences 
therein, this Board think fit to recommend the same to the 
Consideration of the house in giving Relief to the Persons 
Concerned by passing a new Act this Sessions for that 
purpose. 

In the Act concerning those Servants that have Bastards 
the Imposition of Marriage seems to this Board too Severe 
and unreasonable, and therefore instead thereof, they do pro- 
pose the Obliging the Party to Indemnify and save harmless 
the County from charge & c as in the said Act is Specified. 
The Allowance made for the Grand Jurors this Board do think 
it more proper to be Ordered and paid to the Sheriff of S' 
Maries County, Obliging him to take care for their Accommo- 
dation and be Accountable to them for the Same, rather than 
leave them to the Management of an Ordinary keeper to be 
treated as he shall think fit 

Signed p r Order John LLewellin CI. 

The Act against the Divulgers of false news being of great 
Import & Concernment to the Peace of the Province, this 
Board conceives it not Strict and full enough to prevent the 
Inconveniency arising from the Breach thereof, and therefore 
desire the house to take the same again into their Considera- 
tion. 

Adjourn for an hour 

Mett again as before 

Also Capt: Addison and Capt: Courts make their appear- 
ance 

Ordered to be read the severall Bills last brought by M r 
Clark and M r Dorsey and accordingly were read Viz' 



302 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. An Act for Publication of Marriage first time 

The Act for the Constables taking the list of Taxables first 
time. 

The Act for Appointment of certain Officers first time the 
Act of Parliament to be Considered 

The Act for Easement of the Inhabitants in Suits at Law 
Viz' first time. 

The Act for Quieting Possessions & c first time. 

By the Governor & Council in Assembly 24 May 1692. 
In the Act for appointing certain Officers the penalty im- 
posed upon the Persons therein Specifyed for refusing to take 
the Oaths ought to be Distinguished Viz' (for refusing to take 
the Oaths appointed by Act of Parliament to be punished 
according to the said Act and for refusing to serve ; the same 
Penalty as in the said Act for Appointment of certain Officers 
is set down. Signed p r Order J LLewellin CI. 

The Bill for relief of negroes and Slaves not being yet 
offered to this Board, Ordered that a Message be drawn up 
and Sent to the house to put them in mind thereof. And 
p. 634 also therein to Manumit Courtneys Malotta Girl for the 
Barbarous usage & Cruelty, she hath Suffered from her said 
Master and Mistress. 

By his Excellency the Governor and Council in Assembly. 
May the 24th 1692. 

This Board think fit to put the house in Mind of preparing 
a Bill for the Relief of Negroes and Slaves from the barbarous 
and inhumane usage of unreasonable Masters & c too frequently 
practiced in this Province Recommended to them by his 
Excellency yesterday at the Conference and particularly think 
it but Just and reasonable that the Malotta Girl of Thomas 
Courtneys, born of an English Woman, and a Christian, 
having both her Ears Cropt close to her head by the hands of 
her Tyrannicall Master and Mistress be forthwith Manumitted 
and Set free, the least Recompence can be bestowed upon her 
for so barbarous a Cruelty, and that a Clause for that purpose 
be inserted in the said Bill. 

Signed p r Order John LLewellin CI. 

Sent to the house by Coll Brown together with these five 
foregoing Bills last read and the Message ot this Board relating 
particularly to the Act for Appointment of certain Officers 

M r Boothby and Captain Hoskins from the house present 
these following Bills Viz' 

An Act against those Servants that have Bastards. En- 
dorsed Viz' Read 2 d time with the Alteration as desired. 



Assembly Proceedings, May \o-June 9, 1692. 303 

An Act concerning what shall be allowed Grand Jurys & c u. h. j. 
read 2 d time with the Amendm' desired. 

An Act prohibiting Masters of Ships from Transporting 
Persons without passes read 2 d time 

An Act Empowering Commissioners to lay the County 
Levy & c read 2 d time. 

An Act for the Encouraging the Importing of negroes read 
2 d time 

An Act providing what shall be good Evidence to prove 
foreign Debts, read 2 d time 

An Act for Publication of all the Laws & c read 2 d time. 

An Act for Naturalizing John Ouldson & c read 2 d time 

An Act for killing of Wolves ; read 2 d time 

An Act for Encouragement Building Water Mills read 2 d 
time 

An Act for stay of Executions after April Court read 2 d 
time 

All the said Bills Ordered to be read distinctly to the Board 
and were accordingly read the Second time 

M r Clark from the house requests their honours to remitt 
what Bills lay before them to the house. 

Accordingly they were Sent by Captain Courts 

And Adjourn till to Morrow Morning 10 a Clock 



May 25th 1692 Met in Council Chamber Viz' 

C Coll Blackistone ") Coll Brown ") 

j Colljowles j M r Tench 



The honourable \ Coll Robotham \ Captain Addison 

I Coll Greenberry Captain Courts | 
L Coll Hutchins J J 

Came M r Boothby and requested of their honours that they p . 635 
would please to remitt what Bills they had ready to the house 
he is told they shall be sent them 

Severall Bills brought from the house last night after the 
rising of this Board and Delivered the Clerk by M r Winn the 
Attorney General Viz' 

An Act concerning Negroes and Slaves Endorsed Viz' May 
23 d passed Second time & Referred to the Committee for the 
Adding a Clause in relief of Slaves against the Severity of 
Masters & c in Case of dismembring & c 

The above Clause is added relating to Servants and Slaves 
May 24th 1692 Read the 3 d time 

Read here Second time and referred to further Considera- 
tion 



304 Assembly Proceedings, May \o—June 9, 1692. 

u. h. j. An Act against the Importation of Convicted felons into this 
Province Endorsed May the 24th 1692 read first time, read 
here first time. 

An Act Securing Creditors Endorsed May 24th 1692 read 
I st time read first time here 

An Act for Publication of Marriages Endorsed read 2 d time 
read here Second time. 

An Act for Quieting Possessions (Endorsed) read 2 d time, 
read here 2 d time. 

An Act for Easement of the Inhabitants of this Province in 
Suites at Law & c Endorsed read 2 d time. Read here 2 d time. 

An Act for Constables taking List of Taxables Endorsed 
read 2 d time, read here 2 d time 

The Act concerning Negroes and Slaves this Board Con- 
ceives may be much Abreviated and the Marriages therein 
Mentioned better and more Effectually prevented by laying 
more Severe Penalty, on all Priests, Ministers Magistrates or 
others whatsoever who shall presume to Marry any Such ; 
and that any white Man or Woman that shall Begett or have 
Begotten a Bastard Child by a Negroe shall be Compelled to 
Serve Seven years only, and not during Life Contrary to the 
Laws of England, for the Benefit of the Poor of the Parish & c 
No Provision made in the said for relief of Slaves and Negroes 
against the Severity of their Masters & c according to the 
Endorsement of the house. 

This Act referred to further Consideration when his Excel- 
lency shall be present 

All the rest of the Bills remitted to the house by M r Brook 

Came M r Wynn and Captain Hoskins from the house and 
presents these following Bills Viz' 

An Act against Engrossers and Regrators, (Endorsed May 
the 25th read first time) read here first time. 

An Act for better Administration of Justice in the County 
Courts & c Endorsed May the 25th 1692 read first time, read 
here first time. 

An Act for keeping a Register of Births Marriages & Burials 
& c Endorsed May 25 1692. read first time read here first 
time and ought to be indefinite 

An Act Ascertaining what shall be Allowed upon Protested 
Bills of Exchange May 25th 1692. read first time read here 
first time. 

An Act for the due recording all the Laws of this Province 
in the Secretarys Office (Endorsed May 25th 1692 read first 
time : read here first time. 

An Act Restraining the Exportation of Leather & raw 
hydes Deer and Elk Skins out of this Province for the Encour- 



Assembly Proceedings, May \o-June 9, 1692. 305 

agement of Tanners and Shoemakers) Endorsed read first u. h. j. 
time, read here first time ; The said Act to Commence and be 
in force in each respective County when Published. 

An Act for Limitation of County Clerks fees (Endorsed p. 636 
May 25th 1692 Read first time) read here first time Let 
there be a Salvo in the said Act for the Kings Prerogative to 
Mitigate and regulate the fees for the Ease and relief of the 
People as Occasion may happen. 

An Act for Appointment of certain Officers, (Endorsed May 
25th read the Second time with Amendment,) read here the 
Second time and passed 

An Act for Limitation of Officers fees (Endorsed May the 
25th 1692 read first time) read here first time and referred till 
to Morrow. 

An Act for preventing Vexatious and unnecessary Suites 
at Law (Endorsed May 25th 1692 read first time) read here 
first time. 

An Act for Appeals and Regulating Writts of Error (En- 
dorsed May 24th 1692 read first time and Voted that no 
Appeal shall be brought under the Sum of 1 200 lb of Tobacco, 
and again May 25th read 2 d time) read here first time and 
referred till to Morrow for further Consideration. 

His Excellency Enters to the Board 

Adjourn for an hour. 

Mett again and present as aforesaid 

Came M r Wynn from the house and requested this Board 
to send what Bills they had ready to the house which was 
promised should be sent 

The Acts against Engrossers & c for the better Administra- 
tion of Justice & c for Registring the Laws & c Restraining the 
Exportation of Leather & c Limiting Clerks County fees & c 
Appointing certain Officers & c all Endorsed with the Remarks 
of this Board as before, and sent to the house by Captain 
Courts 

The Act concerning Negroes and Slaves, and that other for 
preventing of Vexatious and unnecessary Suits at Law, also 
Endorsed and sent down, by M r Tench and Captain Addison, 
they return and say the house is adjourned. 

Brought and Delivered here by Captain Whittington and 
M r Ennalls as follows Viz' 

An Act for Recording the Journal of the house of Assembly 
(Endorsed May the 25th 1692 read first time ;) read here first 
time. 

An Act for Encouragement of Tillage & c (Endorsed May 
25th 1692 read first time) read here first time. 

An Act against Excessive Usury (Endorsed May the 25th 
1692 read first time) Read here first time. 



306 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. An Act appointing Court Days in each respective County 
within this Province (Endorsed May the 25th 1692 read first 
time) read here first time 

An Act Limitting the Extent of Attachments & c (Endorsed 
May 25th 1692 Read first time) read here first time. 

Adjourn till to Morrow Morning 10 a Clock 



May the 26th 1692 
Mett in Council Chamber Viz f 

p. 637 Present 

His Excellency the Governor 



[" Coll: Blackistone 
I Coll. Jowles 
The honourable \ Coll Robotham 

j Coll Greenberry | Captain Courts 
^ Coll Hutchins J 



Coll Brown 1 

Captain Addison I 
M r Brooks f 



Sent by M r Brooks to the house these following Bills V 1 for 
Appointing Court Days in Each County, against Excessive 
Usury, for Encouragement of Tillage & c for Recording the 
Journal of the house, for preventing Vexatious and unneces- 
sary Suits at Law, Concerning Negroes & Slaves & c 

The Board proceeds to reading Several Bills before them 
Viz' An Act for the Service of Almighty God and the 
Establishment of the Protestant Religion in this Province 
(Endorsed Viz 1 ) read and passed first reading, read here first 
time (Remark) The Ministers to be one of the Vestry accord- 
ing to his Excellencys Instructions and a Clause to be incerted 
Empowering the Vestrymen with the Advice and Assistance 
of the Commissioners to purchase and procure one or more 
Glebes in a County and in such places as there shall be occa- 
sion, or they shall see Convenient Viz' One Glebe in a Parish 
each Glebe to Consist of fifty Acres of Land at the least and 
not under. 

M r Tench and Captain Addison Nominated to Join in Com- 
mittee with those Appointed by the house. 

Came M r Dent & M r Clark from the house with the Act 
Concerning Negroes and Slaves, they are Ordered by the 
house to speak to the Same 

As to the Endorsement of this Board they Humbly conceive 
the Sense of their house in the said Act may be Mistaken, by 
the Board and they desire to Explain the same. 

The Penalty Expressed in the latter Clause of the Act being 
ioooo' b Tobacco for such as should presume to Marry the 
Parties ioooo lb of Tobacco for the Master that shall suffer or 



Assembly Proceedings, May 10-J une 9, 1692. 307 

Connive at the same, and the Slave to be free, they conceive u. h. j. 
to be Penalty Sufficient & may Answer the design of prevent- 
ing such Mungrell Marriages. 

As to the word Slavery they do not use it in the Act, but 
Oblige all white Women that shall Marry to Negroe Men to 
be Servants during the Life of the Man whom they Marry 
although it may haply Amount to Slavery in Effect, yet is it 
not the same in Terminis, and may possibly prove otherwise, 
so that the Law of England is not Repugned. 

Then as for the Children of such they say that Bastard Chil- 
dren born of white or English Women whose parents are not 
Able to Maintain them, are by the Law of the Country to be 
bound out till they come to 31 years of Age; and they con- 
ceive it but reasonable to make a Distinction between them 
and Negroes, and not to Equalize them in point of Servitude 
As to the relief of Negroes and Slaves against the Severity 
and Barbarous usage of unreasonable Masters & c they say 
they have provided for the same by an Act drawn up particu- 
larly for that purpose wherein they have also Manumitted 
Courtneys Mallatto Girle. 

Brought also by the abovesaid M r Dent and M r Clark 
Together with the aforesaid Act of Religion & c An Act for p- 6 3 8 
the Elections of Members in the General Assembly Endorsed 
May 25th 1692 Read first time. 

The Act Touching Indians read here Second time (remark) 
this ought to be indefinite. 

Came M r Boothby & M r Hoskins, from the house with the 
Several Bills which they present to the Board, and desire that 
what Bills are here ready may be remitted to the house for 
Engrossment, the Bills by them now brought are Viz 1 

An Act touching Coopers and the Gage of Tobacco hogs- 
heads Endorsed May the 26th 1692 read the first time. 

An Act for preservation of Orphans Estates (Endorsed) 
May 26 1692 read i st time. 

An Act against the Exportation of Woole and old Iron 
(Endorsed May the 26th 1692) read first time. 

An Additional Act for Ordinarys & c Endorsed May 26th 
1692 read first time 

Proceed to read the Severall Bills before the Board Viz' 

An Act concerning Wild horses, a Clause to be inserted 
prohibiting all Persons under a Severe Penalty to Range the 
Woods and hunt for Wild Horses without the Lycence from 
the Governor. 

An Act for Limitation of Officers fees (Remark) the Chan- 
cellors fee for Transcribing and Transmitting the Laws to the 
several Counties now Omitted, ought to be Ascertained and 
inserted in the said Act. 



308 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. A n Act concerning Negroes and Slaves (Endorsed) the 
Remark of this Board May 26th 1692 Women Marrying with 
Negroes and Slaves, this Board still stick at the severity of 
Making them Slaves during the Husbands Life, and desire it 
may be Mitigated as before, their Children they are willing 
may serve to the Age of 31 years. 

An Act for the Election of Burgesses & c (Endorsed) read 
here first time May the 26th 1692. 

An Act for payment of fees due from Criminal persons 
(Endorsed) May 26th 1692 To be indefinite. 

To the Act for Limitation of Officers fees were Added and 
(Endorsed) these further Remarks Viz' Secry for Special 
Bayle Allowed but I2 lb of Tobacco Cryer 72 lb Tobacco 
unequall and unreasonable, Cryer for the good Behaviour 72 lb 
Tobacco Sec ry nothing, the same, Cryer County Court for the 
Good Behaviour 72 Ib Tobacco. Clk nothing as before Cryer 
for Clearing by Proclamation 8o lb Tobacco Sec ry nothing the 
same, Cryer County Court for Clearing by Proclamation 72 lb 
Tobacco Clerk nothing the Same Cryer County Court Special 
Baile 36 lb Clerk but 6 lb the same Sec rys fees for taking Oaths 
of Jurys Evidences & c wholly Omitted. 

Came M r Greenfield from the house and presents to the 
Board this following Petition Viz' 

To his Excellency & c 
The Humble Petition of Thomas Griffin Master of the Ship 

Industry, 
Humbly Sheweth 

That in Virginia they pay 4o' b Tobacco p r Ton to the Car- 
pinter and two and Six pence only to the Kings Collector, 
Secretary s Office and Naval Office, that they pay no 2/ p r hhd 
Impost on Tobacco by any Ship that is Built in the Country, 
nor 3 d p r Gallon for Rum by any Ship so Built, That your 
Honours would Endeavour for Encouragem' of Trade of this 
Country to propogate the Act of Navigation according to the 
Book of Rates or the Laws of Oleron is the Scope of this 
Petition. And your Petitioner shall ever pray & c 

By the house of Assembly May 25th 1692. 
p- 6 39 It is the Opinion of this house that Encouragement should 
be given to Ships Built in the Country, but the Method pursu- 
ant thereunto they leave to his Excellency and Council to 
prescribe Signed p r Order Hen: Denton CI Assembly. 

The said Petition referred by this Board to further Consid- 
eration 



Assembly Proceedings, May \o—June 9, 1692. 309 

These following Bills Viz' for Religion, Concerning Indians, u. h. j. 
Against foreign Engrossers Concerning Horses ; Election of 
Burgesses, Concerning Negroes and Slaves, and for payment 
of Criminals fees sent to the house by Captain Courts. 

Adjourn for an hour 

Mett again, and present as before 

Came M r Wynn and M r Clark from the house with some 
Bills which they are to Speak to. The Act for Limitation of 
Officers fees, as to the first Objection the Ascertaining the 
Chancellors fee for Transcribing the Laws & c they say that 
the Settlement as it was formerly was very unequall and 
unjust for some times the fee there appointed might be too 
much and other times nothing near the Value according as 
the Laws to be transcribed might Extend to number or Length 
of writing besides in the latter end of this Act there is a 
Clause Empowering the Governor and Council (in such case 
where any Service should happen to be done by the Officers 
and no fees for the same Ascertained) to Settle and Ascertain 
such fee as he shall think fitt, and as to the Inequality Alledged 
between the Secretary and Clerks fees to the Cryers they say 
that both the Secretary and the Clerks in other things have 
other very Considerable fees Allowed them where the Cryer 
has nothing and therefore in those few particulars they thought 
fitt to Advance his fee. 

The Act concerning Religion they think most proper to 
consider of and make Provision for Glebes when the parishes 
are Settled and Laid out. 

The Act for Election of Members or Burgesses & c they will 
further Consider of and so take that back with them. 

To his Excellency the Captain General & the honourable 

Council in Assembly 

The Humble Petition of Thomas Tench. 
Humbly Sheweth 

That your Petitioner has brought his Writt of Error against 
a Judgment Obtained against him by William Hopkins in the 
Provincial Court, which Errors are now Depending to be 
Argued before your honours this Assembly, He humbly prays 
a certain Day may be prefixed when your Petitioner and the 
said Hopkins may attend your Excellency and this Honour- 
able Board with their Attorneys to Argue the Same. 

And he shall pray & c 

Monday next the 30th of May is appointed for hearing the 
Errors and Ordered that Notice be given to the Parties with 
their Council to Attend. 



310 Assembly Proceeding s, May lo—^une 9, 1692. 

U. h. j. Ordered the reading of those Bills before the Board Viz' 

An Act Regulating Ordinarys & c read 2 d time and passed. 

An Act for Limitation of Officers fees read again and 
passed 

An Act for Election of Sheriffs (Endorsed May 26th 1692 
read I st time) read here and passed. 

An Act Touching Coopers and the Gage of Tobacco hhds 
(Endorsed May 26th 1692 read first time) read here first time 
and ought to be indefinite. 

An Act for preservation of Orphans reall Estates (Endorsed 
May the 26th 1692 read i sl time) 
p. 640 Read here first time and passed 

An Additional Act Regulating Ordinarys & c Endorsed May 
26th 1692 read first time read here and passed. 

An Act against the Exportation of Wooll and old Iron 
(Endorsed May 26th 1692, read first time) read here and 
passed. 

Jacob Young called in and desired to give his Opinion con- 
cerning those Strange Indians that he saw at the Pisscattaway 
Fort, he declares them to be Sinequo's some of them to his 
knowledge have been out and Straglers this four or five years 
and that he asked them, when they designed to return home, 
and they told him as soon as the heat was over (for they were 
afraid of Our Rangers abroad and kept Close) they would 
back into the Country and so that way Homewards, But the 
said Jacob Young further Advises and Assures their honours 
that the best and most certain intelligence can be Expected 
must be from Albany for he can get nothing out of Our 
Indians 

Taken into Consideration the good Services done by Jacob 
Young to this Country and what he may yet do, and how 
Capable he is of so doing; It is the Opinion of this Board that 
he ought to be encouraged and therefore Resolved to Recom- 
mend the same (with proposall of Gratuity) to the Assembly 
at Laying the Levy, which passed into an Order of this Board 
as follows Viz 1 

By his Excellency the Governor & Council in Assembly. 
May the 26th 1692. 

In Consideration of many Good Services M r Jacob Young 
hath done and performed to this Province, and his readiness 
always therein, also how much further Serviceable he may yet 
be in the present Juncture Resolved that the Same may be by 
this Board Recommended to the Assembly at the next laying 
the Levy and a Suitable Sum proposed for a Gratuity to be 
made to the said Jacob Young 

Signed p r Order J LLewellin CI. 



Assembly Proceedings, May \o-June 9, 1692. 311 

Power given also to Jacob Young to press Boat and hands u. h. j. 
& c as by a former Order of the Convention April the 10th 
1692. Signed p r his Excellency. 

Adjourn till to Morrow Morning 10 a Clock. 

May the 27th 1692 Mett in the Council Chamber 

Present 
His Excellency the Governor 



The honourable 



Coll Blackistone "] Coll Browne ^ 

Coll TowleS Contain AHdi^nn ! 



Coll Browne 
Captain Addison 
Captain Courts 
M r Brooke 



Coll Robotham 
j Coll Greenberry 
[_ Coll Hutchins 

These following Bills Viz' for Regulating Ordinarys & c for 
Elections of Sheriffs, Touching Coopers & c for preservation of 
Orphans Estates & c Additional Act Regulating Ordinarys & c 
against the Exportation of Wooll and old Iron sent all down 
to the house & c 

Came M r Wynn, Doctor Brooke, M r Harris M r Mason, M x P . 641 
Whittington, M r Hammond, M r Pinder, and Major Trippe, 
with severall Papers which they Deliver as follow Viz' 

A Petition formerly preferred the 9th of April last to his 
Excellency the Govern 1 and by him Communicated to the 
house as follow Viz' 

To his Excellency Lyonell Copley their Majestys Captain 
General and. Governor in Chief of the Province of 
Maryland 

The humble Request of Henry Darnall Agent & Receiver 
General for the Right Honourable Charles Lord Baron of 
Baltimore & c 

Praying, By Virtue of his Majestys Order of the 12th of 
November last that your Excellency would Graciously please 
to grant your Excellency's Order to all persons Concerned, 
that the said Henry Darnall by himself or such as from time 
to time he shall appoint ; may peaceably and Quietly be per- 
mitted to receive and Collect all his Lordships dues and 
Revenues in this Province, as well the dues and Dutys of 
One Shill p r hhd & of 14 s p r Ton, as of all fines, Amercia- 
ments, Wafts, Strays, Deodands, and all wild Cattle, horses 
hoggs & c and all other his Lordships rights dues and Reve- 
nues whatsoever already due or which hereafter shall be due 
to his Lordship within this Province, as also prayeth that all 
Bonds, Bills, Records and other writing whatsoever, relating 



312 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. to his Lordships Lands and Rents may be forthwith Delivered 
to him the said Henry Darnall or to such as he shall appoint 
to receive the same and also prayeth that the said Henry 
Darnall may by himself or such as he shall appoint be per- 
mitted immediately to Enter take and receive, the full peace- 
able and Quiet Possession of his Lordships houses and 
Plantations of Mattapany and Notley Hall and all other his 
Lordships houses and Plantations whatsoever within this 
Province, as also prays your Excellency would please to Name 
such and so many Ports and places wherein, and no where 
else all Ships Vessels & c shall be Cleared to the End the said 
Henry Darnall may there appoint Officers to attend the 
receipt of his Lordships Dues arising from Shipping & c 

And he shall pray & c 

The Opinion of the house of Assembly thereupon Viz c 

Since it hath pleased your Excellency and the rest of the 
honourable Board to Command the Opinion of this house in 
relation to the Demands of the Lord Baltimore We humbly 
crave pardon if with that freedom as become Our Duty and 
Loyalty to their Majesties and Obedience to your Commands 
we Deliver it as followeth. 

I st As to the I2 d p r hhd this house say they are ready with 
their Majesties Royal Assent ready to Confirm the same to 
his Lordship, Provided his Lordship Grant the same Condi- 
tions of Plantations he did before the happy Revolution, or 
the same that their Majesties do to the Colony of Virginia, to 
the Inhabitants of this Province, and such of their Majesties 
Subjects as for the future shall Transport themselves hitherto 
Inhabit which we humbly conceive was the True Intention and 
design of his Lordships Patent Granted by King Charles the 
first as fully appears by the Preamble thereof, which was pri- 
marily to Advance the Crown of England by Seating a Large 
and Ample Colony, which we humbly Conceive the best way 
to Effect, is granting by easy Terms and Conditions of taking 
up Lands to the Inhabitants at present and future times with- 
out which the Province will Dayly Decay and the Intent of the 
Patent Totally frustrated: 
p. 642 2 dly As to the i4 d p r Ton this house have fully Searched 
and Examined into the True Cause of the making of that Act 
and tho the Journals of that Assembly as well as the Original 
Law is either by Negligence lost or designedly made away by 
the late Government ; yet many Persons living and Some of 
this Assembly do remember and Say that the same was for 
Building of Forts and finding of powder and Shot for the 
Countrys use, and further that that duty ever was and still is 



Assembly Proceedings, May \o—June 9, 1692. 313 

by the Inhabitants Called Fort Dutys and not Port Duties as u. h. j. 
it is now termed in the said Act, upon which Evidence and 
perusall of the Law, and fully Debating the Same, this house 
do unanimously Declare that the said I4 d p r Ton doth of right 
and according to the Intentions of the Makers of that Law 
belong to the Crown, and humbly desire their Majestys Royall 
Assent to an Act to Invest the same in their Majestys and 
Successors for ever ; It Seeming very unequal to them that the 
Crown of England should be at that Charge of Building Forts 
which is absolutely Necessary for securing Ships in time of 
Warr and Securing their Majestys Dutys in both times of 
Peace and Warr and the Lord Baltimore receive the Money 
given by his Majesties Subjects for that End & purpose but 
more Especially when We Consider the great Revenue his 
Majesties Clemency has still Allowed and Afforded his Lord- 
ship out of this Province and how Little it cost him and his 
father in Seating the Same ; It being Chiefly peopled at first 
by Unpeopling their Majesties Colony of Virginia invited in 
hither with their families and Estates by a Snare ; fertile Soil, 
and the Specious pretence of Liberty of Conscience. 

3dly. As to the Demand of the fines and Amerciaments 
to the late happy Revolution so farr as they were Legall his 
Lordship We humbly Conceive ought to have them, but what 
hath since Legally Accrued, and forever for the future are the 
undoubted rights of the Crown of England, the one arising 
from the breach of their Majesties Laws, and the other an 
Antient Prerogative of the Crown by Custom immemoriall 
for their false Clamour in his Courts of Judicature 

4thly As to the Demand of Wafts, Strays, Wild horses, 
and Hoggs this house say that such a franchise can no ways 
Suit with the Nature and Constitution of this Province nor 
any New Seated Plantation, the Same being very numerous 
and the Country uncleared of Wood, and every Mans Tract 
of Land so large that it is impossible to fence the Same in ; 
so that the whole Stock of the Country run promiscously one 
amongst the other and every Mans property only distin- 
guished by his proper Mark Entred upon Record so that by 
such a Grant his Lordship would Entitle himself and Engross 
into his hands the whole Stock of the Province, and destroy 
every Mans property in the Same, Some Mens Stocks wan- 
dering Ten or Twenty Miles from their Plantation which the 
Law of Necessity requiring, the said Franchise ought not to 
be Admitted till the Conveniency of the Province will give 
leave thereunto which we humbly offer and Submitt to their 
Majestys Pleasure, And whereas unmarked wild Cattle 
Horses and Hogs were by an Act of Assembly given to his 



314 Assembly Proceedings, May 10- June 9, 1692. 

u. h. j. Lordship to avoid the Contentions that happened about the 
Property having no Mark to distinguish the same the said 
Law being for the Good and Benefit of the Province, and all 
the Title his Lordship can pretend to such Unmarked Cattle, 
p. 643 We humbly Conceive the same to be now by that Law 
Invested in their Majesties, as also to appoint Rangers to 
take up the same in which also we Submitt to their Majestys 
Pleasure. 

5 thly . As to the Demand of all Bills, Bonds, Records and 
other writings to his Lordships Land belonging, this house say 
that all Bonds & Bills given for Warrants to take up Land, 
where the parties have taken up Land thereupon ought to be 
Delivered up to his Lordship but where they have Executed 
the said Warrants & returned a Certificate of the Same, they 
ought not to be Delivered till the Parties receive the Benefit 
of the Same and as to the Records relating to Land taken up 
under his Lordship they say that they conceive their Majestys 
Subjects title to such Lands and are the only Evidence for the 
same, and ought not to be Entrusted or be in the Custody of 
any but his Majesties Secretary thereunto Commissionated 
and Lodged in his Office to which his Lordships Officers and 
all his Majesties Subjects have free Access 

Signed p r Order Hen: Denton CI Assembly 

To which this Board also Signified their Concurrence as 
follows Viz 1 and Ordered that a Copy be sent Coll Darnall. 

By his Excellency the Governor and Council in Assembly 

May the 27th 1692. 
The foregoing is a true Copy of the Opinion of the house 
of Assembly concerning Coll Darnalls Demand, and as such 
is the full and finall Answer both of this Board and the said 
house to the said Darnalls Petition or request. 

Signed p r Order J LLewellin Clk. 

The Act for the Service of Almighty God & c (Endorsed May 
the 27th 1692 read Second time) read here Second time 

An Act for Advancement of Coynes (Endorsed May 27th 
1692 read I st time) read here I st time 

Came Doctor Brook and M r Ennalls from the house with 
the following Message which they present Viz' 

By the house of Assembly May the 27th, 1692. 
This house does desire your Excellency will be pleased to 
Impart the Opinion of this house in Relation to Coll Darnalls 
Petition, to the said Darnall according to his Demands which 



Assembly Proceedings, May \o-June 9, 1692. 315 

they do Imagine may be a means to incite him to produce what u. h. j. 
further Instructions he has from his Lordship as likewise the 
Books of Entries. 

Signed p r Order Henry Denton CI Assembly. 

Already Ordered. Another Message from the house by 
Doctor Brooke Viz' 

By the house of Assembly May the 27th 1692. 
The house having now received, M r James Wroth, M r 
Thomas Theakstone & M r Robert Crook Burgesses Elected 
to Serve for Cecil County, in the Room of Coll Codd, M r 
Warner & M r Dare, as appears by Indenture under the hands 
and Seals of the Sheriff & Severall freemen of that County 
out of his Majestys high Court of Chancery hither remitted, 
do therefore now send them to your Honours to be Sworne. 
Signed p r Order Hen: Denton CI Assembly. 

Accordingly the Oaths appointed by Act of Parliament 
instead of the Oaths of Allegiance and Supremacy were 
Administred to the aforenamed three Members. 

Brought hither by Captain Mitchell & M r Ennalls Several 
Bills which they say are the last from the house, desire if there 
be any Bills here they may be remitted to them 

An Act restraining the Exportation of Leather & c (Endorsed) p. 644 
May the 27th read Second time with the Amendment desired) 
read here Second time and passed. 

An Act for Setling of a Standard with English weights and 
Measures in each respective County in this Province (Endorsed 
May the 27th 1692 read I st time) read here I st time 

An Act for the Better Administration of Justice in probat 
of Wills & c (Endorsed May the 27th 1692 read first time) read 
here first time. 

An Act against Divulgers of false News, Endorsed May the 
27th 1692 read first time read here first time. 

An Act for Ordering and Regulating the Militia & c En- 
dorsed May 27th 1692 read first time. 

The Act for Service of Almighty God & c The Act for 
Advancement of Coynes, and the Act for Limitation of Officers 
fees sent to the house by M r Brooke. 

Sent also to the house by Captain Courts the Act Restrain- 
ing the Exportation of Leather & c and the Act for Settling of 
a Standard & c 

The other three Acts brought last hither by Captain Mitchell 
& M r Ennalls Viz' for the better Administration of Justice in 
probat of Wills & c against Divulgers of false News & c for the 



316 Assembly Proceedings, May xo-June 9, 1692. 

u. h. j. Ordering and Regulating the Militia & referred to further 
Consideration. 

Ordered that Answer in writing be Sent to the last Message 
p r Doctor Brooke and M r Ennalls concerning M r Darnall & c 

By his Excellency the Governor & Council in Assembly. 

May 27th 1692. 
The Opinion of the house in relation to Coll Darnalls 
Demands is by Order of this Board now Copying out and 
shall be forthwith sent him as the final Answer of this Board 
and the house of Delegates to the said Darnalls Petition. 

Signed p r Order J LLewellin CI. 

Came M r Winn and M r Dent from the house, they desire 
to have delivered them the Act for the Service of Allmighty 
God & c and Signify the Opinion of the house thereupon that 
it may not Commence nor take force till March next the Act 
Delivered. 

Adjourn till to Morrow Morning 10 a Clock 



May the 28th 1692 Met in Council Chamber 

Present 

His Excellency the Governor 

Coll Blackistone "| Coll Brown ) 

Coll Jowles j Captain Addison j 

The honourable ■{ Coll Robotham \ Captain Courts J> 

j Coll Greenberry | M r Brooke j 

L Coll Hutchins J * J 

The Act against Divulgers of false News read Second time 
and Remarke Endorsed (The first fine for Divulgers of false 
News to be four thousand pounds of Tobacco, or less ; the 
second for Defaming and evill Speaking of the Governor to 
be ten thousand pounds of Tobacco and 12 Months Imprison- 
ment without Bayle 
p. 645 The third for Defaming the Councilors, Judges, Justices or 
other principall Officers & c Six thousand pounds of Tobacco 
and three months Imprisonment without Bayle or Main prize 

Brought by M r Whittington these Bills foil Viz' 

The Act for Securing the Rights of Severall persons En- 
dorsed May the 27th 1692 Read first time. 28 read Second 
time Read here first time. 

The Act for punishment of Persons Suborning of Wittnesses 
or Committing Wilfull or Corrupt perjury; Endorsed, read 
and passed first reading May the 28th 1692. 



Assembly Proceedings, May \o-June 9, 1692. 317 

The Act for Regulating the Militia read Second time and u. h. j. 
Endorsed by order of the Board. 

May the 28th 1692. 
By the Governor and Council in Assembly. 

The house is desired to Consult the Inconveniencys of 
Limitting the Governor and Council to any certainty, or at 
least, so small a Sum as 50000 lb Tobacco for that it would 
seem very hard in Case of any Sudden Invasion or Insurrec- 
tion, that his Excellencys hands should be so tyed up as not 
be able to raise men Sufficient to disperse or oppose the Same 
in the Intervalls of Assembly untill such time as they may be 
called together 

That his Excellency himself as Admirall and Captain 
Generall of this Province hath by his Commission full power 
for Exercising Martial Law; and can punish Offenders of that 
nature as he shall see fit, Even with Death it self if the Case 
require 

One press Master in a hundred is Sufficient especially in 
time of Peace, not being willing to be too Burthensome to the 
Country by taking more than needs must. 

The Act for Orphans Estates & c read first time. It, together 
with the Acts for regulating the Militia ; Securing the Rights 
of Several Persons and Divulgers of false News sent to the 
house by Captain Addison. 

Adjourn till Monday Morning 10 a Clock. 



May the 30th 1692 Met in Council Chamber 

His Excellency the Governor 

[ Coll Blackston "| Coll Browne ] 

™ t ul I Coll Robotham I M r Tench \ 

Ihe honourable < ~ ,, ~ , r r* u • r> > 

Coll Greenberry f Captain Courts f 

. Coll Hutchins J M r Brooke J 

Moved to Consider the Repairs of the State House, in a 
very untoward & Leaky Condition In so much that unless 
some Speedy Course be taken therewith the Records cannot 
be Secured, Resolved that the same be Recommended to the 
Consideration of the house as foil Viz' 

By his Excellency the Governor & Council in Assembly 
30th May 1692. 

The great Charge the Country hath been at in Building the 
State house, now the present Decays and Leaky Condition 
thereof, rendring the same insufficient, to Secure & preserve 
the Records of the Province, moves this Board to recommend 



31 8 Assembly Proceedings, May \o—June 9, 1692. 

u. h. j. to the House the Consideration of some present Necessary 
repairs thereof, whereby the same may be put in a Condition 
to Secure the said Records, and fitt for holding Courts of 
Judicature untill such time as a more Convenient place for that 
Purpose shall be thought off and Agreed on and a house 
accordingly Erected which (Considering the great Expence 
p. 646 the Province hath already to Defray and Discharge) This 
Board Conceives will bear too heavy upon them at present 
neither can the Same in any Probability be Effected befor the 
hard Weather ; and further more the present Necessary Re- 
pairs ot the said house may render the same fit for other pub- 
lick use, to prevent further Charge to the Country ; This 
Board therefore desire the house duely to Consider thereof in 
making such Provisions as they shall think fitt and necessary. 

Signed p r Order J LLewellin CI. 

Sent to the house by Captain Addison and M r Brook. 

M r Tench Moves the hearing the Errors between him and 
Hopkins. 

Ordered that the same be Argued here at 4 a Clock in 
afternoon 

Coll Casparus Herman called in and desired to give an 
Account what he knoweth of M r Frisbys Behaviour here in 
the Province both before he went & since his Return from 
England which he doth as foil Viz' 

That upon Receipt of the first Ordinance of Convention 
directing the holding the County Courts, several of the Justices 
of Cecil County would not sit, and the said Frisby made it his 
Business to go to Severall of them, and Advised them Sit by 
their old Commission, for the Power was still good, And not 
to take Notice of the Ordinance perswading severall of them 
such as refused to take the Oaths (which most did, and Entred 
their reasons upon Record) and to go by themselves and take 
the Clerk and hold a Court and see who would or durst Dis- 
turb or interrupt, M r Jones was Perswaded thereunto and he 
endeavoured to perswade and Intice several Others to do the 
same, the said Frisby Applyed himself at last to the Informant 
perswading him to Joyn with them Saying, that now the Busi- 
ness wholly depended upon him, the said Informant made 
Answer he would goe with them, he would not Spoile Sport 
thinking all the while all had been but Jocular and in jest, and 
accordingly he went to M r Jones, first Demanding of him 
whether he intended to do so as they said, and so likewise to 
every one of the rest, and likewise to M r Peirce the Sheriff, 
they all said they would do it and stand by it in Open Court 
in face of the Country, Then the Informant Replyed if they 



Assembly Proceedings, May \o-June 9, 1692. 319 

were in Earnest he was not, neither would he, he had an u. h. j. 
Estate & was not Minded to lose it and his Life too, for he 
took it to be no less than Open Rebellion, and thereupon he 
went out of the house, where M r Frisby Came to him Accom- 
panyed with his Brother Peregrine Browne, and they told the 
Informant that they never heard nor thought him to be such 
a Coward he had more need to Stand up for the Cause than 
any one of them, for his Concerns more required it ; But the 
Informant still replied as before that he was not Minded to 
lose his Estate and go to S' Marys in Irons, Frisby told him 
he was Bound for Eno-land where he the Informant had more 
need to go to secure my Lord Baltimores Interest he having 
a greater Concern in the Country than him the said Frisby; 
Upon his, said Frisbys Return from England in June or 
August last to the best of his Remembrance the Informant 
met him at Court and the said Frisby Called him aside and 
begun to discourse him of the Affairs of England amongst 
other things he said, that it was reported in England, and he 
thought Ordered that one Copley should come in Gover r The 
Informant asked him whether from his Majesty or the Lord 
Baltimore he replyed there was various Reports about it but 
when he saw him come he might believe it and not before, but p. 647 
under what Circumstances he came the Informant could by no 
means Learn from the said Frisby whether from the King or 
Lord Baltimore but said he would meet with a great many 
Obstructions, and the Country was not so farr lost as People 
did Imagine And he advised the Informant what ever he did 
not to sit nor Officiate till such ^me as he heard or saw 
further. 

Brought hither by M r Dent and M r Harris from the house 
Viz 1 

An Act for securing the rights of Severall Persons & c 
Endorsed read the third time, they desire may be read here, 
they present to speak to it, It was accordingly read, as to that 
Clause in the Act, giving liberty to Persons (having had and 
paid for Warrants to lay out Land in any part of the Province 
not formerly taken up & c By a Sworn Surveyor, there being 
some Dispute how such Officer shall be Appointed, The house 
Conceives his Excellency hath power Sufficient by his Com- 
mission to appoint Convenient Officers for the Administration 
of Right and Justice to the People, and therefore they have 
not thought to insert the Same in the Law or prescribe the 
Method of so doing. 

His Excellency is pleased to let them know, that the Soil he 
conceives to be his Lordships and whether he can grant War- 
rants for taking up fresh Lands he is not well Satisfied him- 



320 Assembly Proceedings, May \o-June 9, 1692. 

u - H - J- self, but will inform himself better from England, but for the 
Decideing of Disputes or Controversies among the People as 
to their respective Titles, and the Bounds of those Lands they 
already Possess he has Sufficient power he conceives to appoint 
Surveyors or other Sworn Officers to Resurvey and lay out 
any Lands already taken up, yea further for what Warrants 
have been heretofore Granted by or under his Lordship he 
thinks it but reasonable they should be Executed and the 
Lands laid out for the Parties Concerned, as falling under the 
same Circumstances with the former and being the Peoples 
right by Virtue of his Lordships Grant aforesaid. 

An Act against Divulgers of false news (Endorsed May 
30th read the third time with Amendment. 

Came M r Boothby from the house with the Act relating to 
Servants & Slaves which he presents and was thus Endorsed 
(Viz') May 30th read 2 d time with Amendment. 

To his Excellency the Governor & his Honourable Council 

The Humble Petition of William Macay Commander of the 
Ship Providence of London & William Montiell Merchant of 
the said Ship 

Humbly Sheweth. 

That one Edward Randolph their Majesties Surveyor General 
of all the Ships & c in America lately made Seizure and Stopp 
of the said Ship for some Breaches of the Act for Navigation 
& c And further sheweth that being much to the prejudice of 
your Petitioners and their Employers is stopped or hindred in 
their Voyage for want of Speedy Tryall, Therefore your 
Petitioners humbly pray that Commission of Oyer and Ter- 
miner may immediately issue for Tryall of the said Ship in S l 
Marys City being willing and Subject to Answer unto such 
things as may be laid to Charge. 

And your Petitioners as in Duty Bound shall pray & ca 

Ordered that Commission accordingly issue for Tryall on 
Monday next Directed to Coll Robotham Thomas Tench, 
John Addison, John Courts & Thomas Brooke Esq r 

M r Tench by M r Winn his Attorney Moves for hearing the 
Errors Viz* him and Hopkins ; 
p. 648 ]y[r Watkins Attorney for M r Hopkins Alledgesand informs 
the Board, that M r Robert Carvile who was Originally retained 
by the said Hopkins and who had all his Papers in keeping 
was gone abroad, upon Surmise, that they would not come to 
a hearing this Sessions as both he and the said Watkins were 
assured from the Speaker of the house that it could not be, 
and that upon the Confidence thereof his Clyent M r Hopkins 
also who waited here great part of the Assembly was gone 



Assembly Proceedings, May 10- June 9, 1692. 321 

home, that he the said Watkins was not Sufficiently informed u. h. j. 
of the Matter, neither can the Papers relating thereto be pro- 
cured, wherefore he prays a Reference till next Sessions of 
Assembly for hearing the said Errors, Time given till Saturday 
next the 5th of June for both parties to provide themselves, 
and then Peremptorily to come to hearing and Arguing the 
Errors aforesaid. 

To his Excellency Lyonell Copley Cap 1 Gen 1 & Governor of 
Maryland 

The Humble Petition of Henry Darnall 

Sheweth 

That your Petitioner by an Order of the Assembly now 
sitting was Summoned to appear before the Same, and there 
to produce the Books of Entrys of Ships supposed to be in his 
Custody he having been Navall Officer in this Province before 
the late Revolution, That in Obedience thereunto he appeared 
and told the Gentl of the said Assembly that he did not know 
(as in reality he does not) whether the said Books be in his 
Custody or not and further said that if they were he did not 
think it safe for him to deliver the same or Copys thereof as 
much as he is but a Servant to the right Honourable the Lord • 
Baltimore unto whom (as your Petitioner Conceives) the said 
Books do belong and who as your Petitioner believes would 
look upon it as a Breach of his trust in your petitioner to part 
with the same without his order that the Gentlemen of the 
Assembly lookt upon this modest Answer of your petitioner to 
be a Contempt and thereupon Ordered that he should betaken 
into Custody to the Great detriment of both his Masters and his 
own Affairs and as (Your petitioner humbly Conceives) Con- 
trary to the Tenor of his Majestys Protection to your petitioner 
Granted, in Order to the Management of his Masters Con- 
cerns in the said Province Wherefore Your petitioner humbly 
prays that your Excellency will please to take such means with 
the said Gentlemen of the Assembly as to your Excellency 
shall seem most Convenient and proper to procure your 
Petitioners Enlargement that thereby he may enjoy the Benefit 
of his Majestys Protection and mind the Concerns of his 
Master in whose favour the said protection was Granted 

And your Petitioner will pray. 

The answer of this Board subscribed as follows Viz' p. 649 

By his Excellency the Governor & Council 
May 30 th 1692. 
The petitioner being a prisoner Committed by the House 
of Assembly upon their own Authority and for Reasons best 



322 Assembly Proceedings, May \o-June 9, 1692. 

U. h. j. known to themselves this Board think not fit to interfere 
with the same but refer him to his Application to the House 
who have the proper Cognizance thereof they having likewise 
reported the modest Answer of the petitioner quite different 
from what he hath represented it to be 

Signed p Order 

J LLewellin Clk. 

Adjourn till to morrow 10 a Clock 



May 31 st 1692 Met in Council Chamber viz' 

His Excellency the Governor 

f Col Blakiston Col° Brown ) 

I Col°Jowles M r Tench j 

The honble ^ Col Robotham Cap 1 Addison J> Present 

j Col Greenberry Cap' Courts j 

[ Col° Hutchins M r Brooks J 

The Act relating to Servants and Slaves read and Indorsed 
May 31 st 1692 read here the first time and passed 

The Act against Divulgers of false news read and the 
Opinion of the Board thereon intimated in writing as follows 
viz* 

By his Excellency the Governor and Council of Assembly 
May 31 st 1692. 

The penalties asserted for the Breach of this Act the Board 
think too slight and meane and know no Reason why the 
same Care should not be taken to preserve the Authority and 
respect due to their Majestys Governor and their respective 
Officers and Ministers of Justice here as in Virginia and other 
neighbouring Colonies who have thought fit to inforce the 
same by a far Greater penalty then was proposed by this 
Board and therefore they desire the House to Consider thereof 
and provide accordingly in every particular as hath been urged 
by this Board from whence they cannot safely and Honourably 
recede 

Sign'd p Order 

John LLewellin Clk. 

Several of the Great men Indians of Nanticoke waiting 
audience are called in demanded of them whom they intend 
and when they design to make Choice of their Emperor 
answer about three months hence 
650 They are advised that (when they have so done) his Excel- 
lency will Confirm and renew the Articles of Peace with him 



Assembly Proceedings, May \o-June 9, 1692. 323 

and in the mean time he will (as well as if the Peace were u. h. j. 
already really ratifyed) keep Amity with them and expects 
they should do the like which they likewise promise to do and 
produce their former Articles which were read Openly and it 
is mutually agreed on both sides that the same in every par- 
ticular shall be inviolably kept and Observed until such times 
as they shall have elected and Confirmed their Emperor and 
then they are to Apply themselves to Col° Hutchins who will 
Accompany them and their Emperor with the several Kings 
and Great men so many as may be Convenient to come over 
to his Excellency in Order to Conclude and sign new Articles 
to be drawn and signed by all Parties. 

Captain Joseph Stevins Commander of the Ship Ruth of 
London petitions his Excellency that whereas his two Servants 
John Cornele and Ann Child als Cornelicus his wife were 
lately by the Justices of Saint Marys County Court set free 
without hearing the petitioner what he had to say in his 
defence why they ought not to have their Freedom) he might 
be admitted to state his Case and have a hearing before this 
Board and Justice accordingly done him. 

His Excellency is pleased to Grant that the Petitioner be 
admitted to a hearing of the whole matter before the Justices 
of the Provincial Court and the witnesses on both sides to be 
examined therein that right and Justice be done 

Mary Peters a Servant or Slave in Possession of M r Carberry 
petitions the Governor setting forth that through the Illusion 
and Instigation of her late Master and Mistress she had 
married with a Christian Negro was drawn into Slavery altho 
she had really served above eight years more than the time 
she came in for prays for her Manumission 

The Consideration thereof referred to further time to peruse 
the Law in that Case made relating to Negroes and Slaves 
whether she can have any benefit thereby! 

The Act for securing the right of several Persons read here 
the Second time and passed it together with the two fore- 
going Acts that relating to Servants and Slaves and the other 
against Divulgers of false news with the Opinion of the Board 
thereon sent to the House by M r Brook and Captain Courts. 

M r William Josephs petition for allowance for a Horse & p. 651 
some Arms taken from him upon the late Revolution whilst 
himself was sick at Mattapany as also for Transcribing 30 
Copies of his proposalls to the House of Assembly the last 
Sessions of Assembly under the late Government at request 
of that Lower House 

Answer to the said petition thus subscribed 



324 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. By his Excellency the Governor and Council in Assembly 

May 31 st 1692. 
As to the Horse it appears to this Board that upon former 
application to the Government had an Order Granted him for 
Restitution thereof which this Board think reasonable should 
be renewed, the Article taken in Hostility or Surrender upon 
Articles cannot be forced to be returned neither is it known to 
this Board where or in whose Custody they are and as for the 
proposalls made by the petitioner and the several Copys 
thereof the House if they have employed the petitioner may 
Consider of making Satisfaction for the same as they shall 
think fit 

Sign'd p Order 

J LLewellin Clk. 

John Wincoll petition preferred to this Board as follows. 

To his Excellency the Governor and his Honourable Council 

The humble petition of John Wincoll 
Most humbly sheweth 

That your petitioner hath well and faithfully behaved him- 
self with all duty and Submission to this present Government 
and shall still persevere in so doing as becomes a Loyal Sub- 
ject and Good Protestant that he is at present out of Employ- 
ment but most ready and willing to Embrace any Opportu- 
nity of getting an honest Livelyhood and being informed that 
the Cryers place of the Provincial Court is not yet setled 
upon any particular Person since your "Excellencys arrival 

Your Petitioner humbly offers himself to your Honours 
Consideration and prays that he may stand fair in your Hon- 
ours favour so as to have Conferred on him the said Office 
which he shall endeavour to Execute with all faith and dili- 
gence to the best Of his Skill and Power 

And as in duty bound he shall pray &c. 

The petition Granted and the Petitioner nominated and 
appointed by his Excellency the Governor Cryer of the Pro- 
vincial Court 
p. 652 Major Nicholas Sewall by his petition prays allowance for 
three Horses prest from him In the time of the late Revolution 
for his Majestys Service and made use of for some Consider- 
able time one of them the best and his own Particular Riding 
Horse so Grossly abused that soon after he was Returned 
home died, his Family Provisions and his Hay Oates and 
Straw Fodder for his Cattle and other Creatures all destroyed 
and devoured by the Guards quartered upon him and by that 



Assembly Proceedings, May \o-June 9, 1692. 325 

means his stock also died and much impared for all which u. h. j. 
he humbly prays the Consideration of this Board and the 
Assembly in Order to make him such reasonable reparation 
as they shall think fit. 

The said petition thus answered and Subscribed viz' 

By the Governor and Council in Assembly. 
May the 31 st 1692. 
It appearing to the Board that the Damages layd in the 
petition were Occasioned by Breach of Articles after the Sur- 
render and Occasioned by himself they cannot think of any 
Restitution however the Act of Indemnity reaches this Prov- 
ince but if the petitioner think fit he may apply himself to the 
Assembly. 

A Petition preferred to his Excellency from the Inhabitants 
of Kent Island (praying that as formerly they have been they 
may be reduced and restored to a peculiar and particular 
County of themselves being willing and able to bear and defray 
their own incident Charges of holding Courts and all other 
the duties of a. County &c 

His Excellency having Communicated the same to this 
Board they refer it to the Consideration of the House who if 
they think fit may prepare a Bill Accordingly 

James Brown of Saint Marys County who married the 
widow and relict of Thomas Pew deed by his petition humbly 
prays allowance for Two years Sallary due to his Predecessor 
as Publick Post employed for the County as also for the use 
of a Horse and the Loss of a Servant wholly by the said Pew 
his Sickness deputed to Officiate and run Clear away with his 
Horse some Clothes &c and the Horse for several months 
after not heard of He is recommended and hath Liberty to 
Apply himself to the House of Assembly who are better 
acquainted with the nature of the petition and have proper 
Cognizance thereof. 

Joseph Tillys Petition to the House praying to be relieved 
from a decree in Chancery heretofore in the year 1680 sur- 
reptitiously Obtained against him by one George Parker and 
his Estate thereupon seized and imbezzled and himself ever 
since under Close Confinement and that he may be admitted P- 6 S3 
to a hearing in fforma pauperis before the Assembly and 
have for Council Assigned him M r Edward Wynn, M r Kenelm 
Cheseldyn, M r William Dent, M r Griffin Jones and if it may 
seem good M r Thomas Bland formerly Employed therein was 
remitted to this Board with the following Endorsement viz' 



326 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. By the House of Assembly May the 31 st 1692. 

The House does think Convenient that the Complaint of 
the petitioner should be Considered and allowed of and do 
refer the same to your Honours 

Signed p Order 
Henry Denton Clk Assembly 

Thus answered by the Board 

That there be a hearing of the whole matter at the next 
Sessions & the Petitioner admitted to prosecute his Complaint 
in Forma Pauperis M r Edward Wynn and M r William Dent 
assigned him with Council to whom with a Keeper he hath 
Liberty to apply himself with his Instructions for the better 
stating and managing his Case 

The Sheriff of Talbot County makes return of M r Thomas 
Robins a delegate Chosen for the said County in this 
Assembly in the Room of M r John Edmonson disabled and 
dismissed the House 

A Message from the House by M r Philip Clark which he 
delivers and requests to have delivered him two Bills before 
this Board viz c That for election of Sheriffs and the other for 
Punishment of Persons Suborning Witnesses & c 

The Board will send them Answer this Message brought 
is as follows viz' 

By the House of Assembly May 31 st 1692. 
The House has voted that Richard Benton shall be sent for 
to view the State House in Order to repair the Places and 
Rooms where the Records lye that the same may be secured 
from the weather 

Signed p Order 

Henry Denton Clk Assembly 

The Act for Punishment of Persons for Suborning Witnesses 
read and Passed the same together with M r Josephs Petition 
M r Browns petition and Kent County Petition sent to the 
House by M r Courts with the following message viz' 

By his Excellency and Council &c May 31 s ' 1692. 
The Act for Election of Sheriffs hath passed here and was 
sent to the House with several other Bills the 27 th Instant as 
the minutes of this Journall makes appear 

Signed p Order 

John LLewellin Clk. 

Adjourn till to morrow 3 a Clock afternoon 



Assembly Proceedings, May \o—June 9. 1692. 327 

June the i 5t 1692 met in Council Chamber u. h. j. 

Present of the Council as yesterday 

His Excellency under some indisposition being absent 
Adjourn till to morrow morning 10 a Clock 



June the 2 d 1692 met in Council Chamber 

f Col Blakistone Col Browne 

j Col Jowles M r Tench 

the honble \ Col° Robotham Captain Addison \ Present 

I Col 3 Greenberry Captain Courts 

L Col° Hutchins M r Brooke J 

Came from the House M r Whittington and M~ Ennals and 
desired to have the Sheriffs Return of the new Election for 
Somerset County which was delivered them and they depart 

Said Whittington and Ennals Came again from the House 
together with M r Roger Woolford M r John Basman and M r 
Lawrence Mattox members returned for Somerset County* 
whom the House desires may be sworn in Order to their 
admission there 

They were Accordingly Sworn and dismist 

The Act asrainst Divulgers of false news read and thus 
endorst viz c 

By the Governor and Council in Assembly June the 2 d 1692. 

This Bill with the above Amendments this Board still 

recommends to the House as not finding upon their Journal 

any Concurrences with them therein under the Penalty desired 

Sign'd p Order 

J LLewellin Clk. 

Sent to the House by Captain Courts 

William Macay Master of the Ship Providence of London 
petitions the Board that whereas having been seized and twice 
informed against by M r Randolph the Kings Surveyor and 
answered and acquitted himself and his Vessell of both the 
said Informations he is now arrested at the Kings suit by the 
procurement of the said Randolph upon Suggestion or false 
information of having forged a Certificate and Cocquett from 
their Majesty s Custom house London and bound to Answer 
at the next Provincial Court he prays that he may be brought 
to a speedy Trial before their Majestys Justices of a Special 
Court of Oyer and Terminer now already appointed before 
whom the two former Informations were Tried or otherwise 
to this Honble Board should seem meet 

Referred to further Consideration 



328 Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Came from the House M r Dent, M r Jones, M r Watson M r 

p- 6 ss Hawkins M r Wroth M r Dorsey and M r Hanson with the Body 

of the Laws Passed this Sessions and also a paper Containing 

the Frontispiece to be put thereto which they present to the 

Board for their approbation viz' 

Maryland ss l 

Laws made and enacted at the City of Annapolis the day 
of June Anno Domini 1692 for the Province of Maryland by 
the King and Queens most Excellent Majesty by and with the 
advice and Consent of this present General Assembly as 
follows 

Came M r Wheeler and M r Finney from the House and 
bring with them the Act Against Divulgers of false news 
amended in the penalties ioooo lb for 6ooo lb & 5000 lb for 3000"" 
the bill thus indorsed viz' 

By the House of Assembly June the 2 d 1692 
This House do humbly Conceive that the penalties of 
ioooo lb & 500O lb Tobacco now inserted are high enough Con- 
sidering the Law is perpetuall 

Signed p Order 

Henry Denton Clk. 

Read here and passed and remitted to the House by M r 
Brooke Proceed to reading the Body of Laws last brought 
hither viz' 

An Act for the Service of Almighty God & c thus subscribed 
viz' 

June the 2 d 1692. 
The House of Assembly have Assented 

Signed p Order 

Henry Denton Clk. 

Read here and Subscribed June the 2 d 1692. 
Assented to by the Council 

Signed p Order 

J LLewellin Clk. 

And so for the rest of the Laws as they came. 

Brought from the House by M r Dent these following Bills 
viz' 

An Act ascertaining the Expences of the Commissioners of 
the provincial and County Courts thus endorsed viz' 

June the 2 d 1692 read and passed the first reading. 



Assembly Proceedings, May \o-June 9, 1692. 329 

An Act Entituled a Supplementary Act to the Act for Set- u. h. j. 
tlement of an Annual Revenue upon their Majestys Governor 
within this Province for the time being thus endorsed viz' 

June the I st 1692 read I st time, 2 d read 2 d time 

An Act Ascertaining what Laws are repealed within this 
Province June the I st 1692 read first time 

Adjourn till to Morrow Morning 10 a Clock 



June the 3 d 1692 met in Council Chamber p- 6 5 6 

His Excellency the Governor 
Col° Blakiston ~| Col Hutchins f Captain Addison \ 
Col Jowles > Col Browne < Captain Courts > 

Col° Greenberry J M r Tench ( M r Brooke J 

Proceed to read the Bills brought hither yesterday by M r 
Dent viz' 

The Act Ascertaining the Commissioners Expences in the 
Provincial and County Courts (Remark) that the Justices of 
the Provincial Court though of the Council) if they appear at 
Courts to Officiate as Justices Ought to have the same Allow- 
ance with the rest as doing the same Duty and living at a 
Great distance 

The Supplementary Act to the Act for the Annual Revenue 
&c a Referred to the Consideration of the Board (Remark 
viz') this Act to Continue for three years certain without 
Reference to the next Assembly and to Commence from the 
publication of the Act 

The Act for setling Naval Officers Fees within this Prov- 
ince (remark viz') the fees setled by this Act seem very 
unequal and disproportionable as to the different Burden of 
the Ships and it is therefore rather proposed that the same 
method be taken here as in Virginia that all Masters or others 
therein Concerned may be at Certainty in both Governments 
so near Adjacent 

The Act ascertaining what Laws are repealed within this 
Province (remark viz') for the better and Greater Certainty of 
what Laws are in force and what not It is thought more 
proper to Appeale Annul Abrogate and make void all Laws 
in General heretofore made in this Province except what upon 
the Review of the Body of those Laws this present Sessions 
have deemed fit and Convenient for the good Government of 
this Province 

Brought from the House by M r Wynn several Bills which 
he presents to the Board viz' 

An Act of Recognition &c a (Endorsed) June the third 1692 
Read I st Time 



33° Assembly Proceedings, May \o-June 9, 1692. 

u.h.j. An Act of Naturalization (Endorsed) June the third 1692 
Read the I st Time 

An Act for the Settlement of an Annual Revenue upon 
their Majestys Governor within this Province for the time 
being Indorsed June 2 d read first time 3 d read 3 d time 

The above mentioned Bills viz 1 for ascertaining the Com- 

p- 6 S7 missioners Expences &c Supplementary act for the Revenue, 

For setling Officers fees, Ascertaining what Laws are repealed 

sent to the House by Captain Addison and M r Brook with 

part of the Body of Laws and the following message therein viz' 

By the Governor and Council in Assembly June the 3 d 
1692. 

This Board having perused part of the Body of Laws con- 
tained in Eleven sheets now drawn this Sessions have sig- 
nified their Assent to them all but one, for Enrollment of 
Conveyances for no other Reason then being temporary, 
which being of so Great moment and Concern to the Province 
in General this Board desire may be indefinite 

Sign'd p Order 

J LLewellin Clk. 

Ordered to be read the Bills brought hither by M r Wynn. 
The Act of Recognition (Remark) this Act ought to be 
primarily plain in the Body of the Laws next the Frontice- 
piece the Act for Naturilizations read I st time & passed 

The Act for Settlement of the Annual Revenue &c (Re- 
mark) that all Masters at Clearing do Report their Loading 
upon Oath and the Officers appointed to Clear them upon 
Oath to be Empowered to Administer such Oath and upon 
Occasion to search & ca 

The several Articles of Impeachment against Lord Balti- 
more &c 8c the Agents Instructions sent to the House by Col 
Jowles and M r Tench with directions from his Excellency to 
Recommend the same to their Consideration & Examination 
and desire them to Contract them into a Narrow Compass in 
Order to Represent the same with an Address to their Majes- 
tys as the Truth of their Charge against his Lordship &c Con- 
• cerned sent also by the said Col° Jowles and M r Tench the 
last foregoing three Bills 

Ordered that short Bill be prepared here prohibiting Trade 
with the Indians for Dear Skins Elk Skins and Bear Skins or 
any furs whatsoever without License from the Governor 
thereby to prevent Commerce with & Consequently the 
Entertaining and harbouring of any foreign Indians to the 
Great Prejudice and oftentimes the Ruin and destruction of 
the Inhabitants of the Province 



Assembly Proceedings, May lo-Jitne 9, 1692. 331 

Came M r Harris and M r King and returned that part of the u. h. j. 
Body of Laws last sent them 

Ordered that writts issue for Adjournment of the Provincial 
Court further to the last Tuesday in September next the 27 th 
day of the same month 8c to Continue all Process Accordingly 

Ordered to be drawn a Bill prohibiting the setling Giving p- 658 
or disposing of any Strong Liquors to the Indians &c 

Accordingly drawn and sent to the House by M r . Tench 
together with a Bill intituled an Act for Ordering and regu- 
lating the Militia of this Province for the better defence and 
Security thereof which he is to Recommend to the House as 
being found amongst the papers of this Board and not known 
how or by what means it came there 

Came M r Dent from the House with the Act for Ascertain- 
ing what Laws are Repealed within this province to which he 
herein is Charged to speak and Acquaint this Board that the 
members of the House do humbly Conceive the end and 
design of the said Bill is sufficiently set Out in its self as now 
drawn that the whole Body of the Laws has been very care- 
fully and dilligently perused and Examined wherein they find 
several of the indeffinite Laws viz' That for the 2 s p hhd & 
that for Towns &c with many others which they thought not 
Convenient at all to touch upon or alter other wise then what 
other provisions they may have made for Explanation or 
otherwise by new Laws now passed and therefore they Con- 
ceived it necessary to ascertain what of those old Laws they 
thought fit to Repeal and what not but they will further Con- 
sider of the motion of this Board Concerning the same 

The Act for the Navall Officers fees he says if they should 
Consider the Burden of the Ships and regulate the fees thereby 
viz' for every one above 100 Tuns 30 s fee and under 20 s would 
much lessen the Perquisites of that place to what they desired 
for that the House was well Satisfied there came many more 
Small then great Ships yearly into this Province they are 
desired to follow the methods of Virginia in that Point 

Adjourn till to Morrow Morning 10 a Clock 



June the 4 th 1692 met in Council Chamber 

His Excellency the Governor 

Col Blakiston Col Browne 

Col° Jowles M r Tench 
Col Greenberry & 

Col Hutchins Captain Courts 



the honble 



- Present 



Proceed to read the Bundle of Laws brought hither by M r 
Harris and M r King 



332 Assembly Proceedings, May 10—June 9, 1692. 

u. h. j. The Act for Publication of all the Laws within this Province 
the Board desires the House to Ascertain the Allowance for 
Transcribing the Body of the Laws to be Passed this Sessions 
before the said Act pass. 
p- 6 S9 The Act prohibiting Trade with the Indians for flesh &c 
being of Great Import and Concernment this Board Conceives 
it ought to be Indefinite 

Thomas Tench ^ 

ag ( I Writt of Error 

W m Hopkins J 

According to a peremptory Rule of this Board made the 
30 th day of May last Came the said Thomas Tench by Edward 
Wynn Esq r his Attorney and prayed the hearing of the Error 
assigned in this Cause and that this Board would proceed to 
a finall determination of the Premises whereupon Samuel 
Watkins Attorney of the said William Hopkins being Called 
before this Board to put in his Answer to the Errors aforesaid 
exhibited by the said Tench made his appearance and alledged 
as formerly on the said thirty day of May last that he is not 
prepared to make any defence, for that the Papers relating to 
this Cause could not be procured to be had here this day and 
therefore saith that he is not informed by the said William 
Hopkins of any matter or thing to plead or Give any answer 
to the aforesaid Errors in Barr thereof 

Whereupon the said Edward Wynn Attorney of the said 
Tench humbly moved this Board that they would give their 
finall Judgment and determination of and upon the premises. 

It is therefore Considered by this Board that for the default 
of the said William Hopkins aforesaid the Judgment of the 
Provincial Court heretofore Given in this Cause and the Pro- 
ceedings thereon be quashed Annulled and made Void 
and that the said Thomas Tench be restored to all Costs 
and Damages heretofore sustained therein amounting to 
fourteen thousand two hundred sixty and eight Pounds of 
Tobacco Adjudged him by our Council in Assembly for his 
Costs and Charges by him sustained and expended for prose- 
cuting hearing and determining the said Writt of Error and 
that the said Thomas Tench have execution for the same 
against the said Hopkins returnable to the next Provincial 
Court the first Tuesday in May next 

The Act for Ascertaining what Laws are Repealed &c 
delivered to M r Wynn the Attorney General to Carry to the 
House and to let them know that it is still the Opinion of this 
Board that to remove all difficulties and for the better Cer- 
tainty of the Laws of the province it were more proper that 
all Laws heretofore made be in General Terms abolished and 
none in force but what shall pass this Assembly 



Assembly Proceedings, May \o-June 9, 1692. 333 

Captain Courts and Col Brown Ordered to Accompany the u. h. j. 
Attorney General to the House and to let them know that p ' ° 
pursuant to their Request his Excellency had Adjourned the 
provincial Court to the 27 th day of September next and had 
Ordered Writts accordingly to be sent to the several Counties 

Came M r Clarke and M r King to the House with several 
Bills & c 

An Act restraining the unreasonable Increase of Horses. 
For Regulating the Militia &c against Divulgers of false 
news for naturalizations. Additional Act to the Act for Settle- 
ment of the province &c for taking away Errors in proceed- 
ings &c. 

All Assented to by the House June the 4" 1 1692. 

Brought hither by M r Dent and and M r Hawkins these fol- 
lowing Bills viz 1 

An Act for Ascertaining the Expences of the Commissioners 
of the Provincial and County Courts 

An Act for Settlement of an Annual Revenue upon- the 
Governor &c endorsed viz' read 3 d times and Amended Read 
here & Passed 

An Act for Advancement of Coins &c (remark) This Act 
ought to be Ascertained to three years 

By his Excellency and Council in Assembly June 4 th 1692. 
The Act for Publication of all the Laws of this province this 
Board Conceives to be a very good Law and therefore Indef- 
finite 

The Act Prohibiting Trade with the Indians for flesh &c 
ought also to be indeffinite and the Board are still of Opinion 
that all Laws made in the Lord Baltimores time ought to be 
Abrogated and his just right and Interest in the province to 
be secured by a suitable Law to pass this Sessions in their 
Majestys name 

Signed p Order 
John LLewellin Clk. 

The Act restraining the Unreasonable increase of Horses 
in this province to Commence forthwith upon publication and 
to Continue for 3 years 

The Act Obliging the Colts to be Gelt, for three years 
Successively and the Act may expire in a year or less if a 
Session happen 

Sent to the House by Col° Hutchins he returns 

Adjourn till Monday Morning 10 a Clock. 



334 Assembly Proceedings, May lo-June 9, 1692. 

u. h. j. June the 6 th 1692 met in the Council Chamber 

His Excellency the Governor 

f Col Blakiston Col° Brown ] 

n fifi, a. u ui 1 Col° Jowles M r Tench j 

p- 66t the honble J r1c i, , p ^ 

j Col Green berry & j 

[ Col° Hutchins Captain Courts J 

By his Excellency the Governor and Council in Assembly 
The house upon their Explanation of 14 s p Ton having- 
declared their Sentiments thereof to be for Duties belonging 
to and Vested in the King This Board think it necessary 
that of all Ships and Vessels that shall hereafter Clear the 
same be secured and Collected by the Naval Officer & lodged 
in Bank until his Majestys Pleasure therein shall be further 
known and they are desired to provide accordingly 

Came M r Jones and M r Greenfield with some Bills which 
they say wanted signing by the Clerk of this Board viz' 

The Act for Publication of all the Laws &c and the Act 
Prohibiting Trade with the Indians for flesh &c 

M r Brook sent with the said Laws to the House and 
Ordered to Acquaint them that the reasons of this Board why 
they were not signed as having passed this Board were Sig- 
nified to them in a Message on Saturday last sent them by 
Col Hutchins which they are desired to Peruse the foregoing 
Message 

Concerning the 14 s p Ton sent also to the House by M r 
Brook 

To his Excellency the Captain General &c 

The humble petition of Thomas Rookins Thomas Leech & 
Robert Dryver Saylors. 

Humbly sheweth 

That your petitioners entred themselves at Barbadoes about 
six months ago Saylors on Board the Relief John Anderson 
Master who agreed to pay each of them three Pounds and a 
Crown -p month and Clear them so soon as it should please 
God the said Ship Reliefe should come in Maryland now so it 
is may it please your Excellency that the said John Anderson 
doth not only refuse to Clear your Petitioners according to 
Agreement but also denys any pay to be due to your Peti- 
tioners wherefore they they humbly entreat your Excellency 
would be pleased to Order the said Master to appear before 
your Excellency to the end he may make good his Agree- 
ment. 

And your Petitioners shall ever pray 



Assembly Proceedings, May \o—June 9, 1692. 335 

Ordered that Summons issue for said Anderson to Appear u - H - J- 
at Talbot County Court to Answer there the Complaint of the 
petitioners. 

By his Excellency the Governor and Council June 6 th 1692. p- 66z 

Maryland ss' 

Whereas Complaint hath this day been made to this Board 
by Thomas Rookins, Thomas Leech and Robert Dryver 
Mariners and Saylors of the Ship Reliefs of New Castle 
whereof John Anderson is Master riding in Wye River in 
Talbot County that the said Master refuseth either to Clear 
them or pay them their Wages according to Contract. 

Ordered therefore that the Sheriff of the said County (in 
Case the said Anderson shall still Continue and refuse to 
Comply with the Agreement or Contract aforesaid) Summons 
the said John Anderson that all Excuses set apart he be and 
appear before their Majestys Justices of Talbot County Court 
at their next Court to be held the third Tuesday of June being 
the 21 st day of this instant June to Answer the Complaint of 
the said Saylors and that the said Saylors have due notice 
Given them to attend the said Court at the same time to make 
good their Charge against him 

Sign'd p Order 

J LLeweJlin Clk. 

Came M r Wynn M r Jones Mr Finney and M r Wheeler and 
presented to the Board the Act for the 14 s *p Ton Fort Duties 
(Endorsed) viz 1 June 3 d 1692 I st Reading 4 th 2 d Reading 6 th 
read 3 d time they also inform the Board that some Bills had 
passed this Board without being signed by the Clerk they are 
answered as before that the Reasons of this Board for so doing 
had been-signified to the House in a Message -p Col Hutchins 
last Saturday 

M r Finney produced and Offered to the Board an Account 
of Arms pressed and taken from the House of Madam Hen- 
rietta Maria LLoyd in the time of the late Revolution for their 
Majestys Service amounting to the Value of i6 lb 10 s Sterling 
as the same are charged in the said Acco 1 thus subscribed 
(viz 1 ) 

May the 24 th 1692 

Ordered that M r Swetnam and Major Stanley return the 
aforesaid Arms to Madam LLoyd according to Order of the 
last Convention 

W Taylard Clk Com Acco" 

And again say thus 

The Consideration thereof is referred to his Excellency and 
Council 

W Taylard Clk Com Acco ts 



336 Assembly Proceedings, May 10— June 9, 1692. 

u. h. j. His Excellency refers it to the House to do therein as they 
think fit. 
p. 663 Brought and presented to the Board by M r Jones these fol- 
lowing Bills viz' 

An Act for taking away all Errors in proceedings at Law 
and Equity and in the Court for Probate of wills occasioned 
by the late Revolution Passed the House and this Board also 
An Act for setling the Naval Officers fees within this prov- 
ince passed & Subscribed 

June the 6 th 1692 
The House of Assembly have Assented 
Sign'd p Order 

Henry Denton Clk Ass' 

To his Excellency the Captain General &c. 

The humble petition of Edward Gold 

Humbly Sheweth 

In all Humbleness Complaining sheweth that whereas your 
Petitioner happening to meet with one Winlock Christison 
formerly dec'd of Maryland in Barbadoes and having a mind 
to Come for this Country the said Winlock told your petitioner 
if he had a mind to go he would pay for his passage upon 
Consideration of serving four or five years which your peti- 
tioner did justly serve and fulfil to his utmost of his Endeavours 
whereupon he demanded his Liberty but could not get it and 
being sold from one to another ever since being 20 years 
could have no redress all which enforceth your Petitioner 
humbly to supplicate your Excellency herein to be relieved 

The Premises tenderly Considered and for that your Peti- 
tioner being According to the Church of England and Baptism 
thereof twice Christened and besides can make it evidently 
appear that he hath been these twenty years wrongfully kept 
and detained from his Liberty as a Servant would humbly 
entreat your Excellency to be so Pleased out of your wonted 
and noble Clemency to Commisserate your poor distressed 
petitioners Condition that he may be set at Liberty from his 
long and unlawful Slavery which Granted your Petitioner 
shall ever have Cause to pray &c. 

The Petitioner also did alledge that Major Sewall and one 
John Hamilton and John Sumers could testify on his behalf in 
relation to what is set forth in the petition 

Ordered that Summons issue for them to give in their 
Evidence at next Calvert County Court which was the Answer 
of this Board to the petition at present viz' 



Assembly Proceedings, May \o—Jtme 9, 1692. 337 

By his Excellency the Governor and Council in Assembly u. h. j. 
June the 6 th 1692. 

Ordered that the Sheriff of Calvert County summons Major p- 66 4 
Nicholas Sewall, John Hamilton and John Somers if they shall 
be found in his Bailywick that all Excuses set apart they and 
either of them be and appear before their Majestys Justices 
and Commissioners of Calvert County Court at their next 
Court to be held the third Tuesday of this Instant June to 
testify the Truth of their Knowledge Concerning Edward 
Gold a negroe his Freedom or pretences thereunto whereof 
let there be no fail at Perill 

To the Sheriff of Calvert Sign'd p Order 

County or his Deputy John LLewellin Clk 

These 

To his Excellency the Captain General & c 

The humble petition of Jane Robinson 
Humbly sheweth 

That your Petitioners Master dying Philip Lynes Adminis- 
tered his Estate so that your Petitioner served the rest of. her 
time to the said Philip Lynes and at the Mayors Court last 
March was made free nevertheless the Clerk of the said 
Mayors Court Refuses to Grant Execution for Corn and 
Clothes due to your Petitioner upon the determination of her 
Servitude 

That your Excellency would be pleased to give Order to 
the said Clerk that your Petitioner may have Justice and she 
shall Pray &c. 

The Magistrates of the Mayors Court or some one of them 
are desired to Award the petitioner execution upon their 
Judgment already Given for her (as this Board is Given to 
understand) and that they direct their Clerk Accordingly 

To his Excellency the Captain General and the honble Council 
The petition of John Buntin Mate of the Ship Katherine of 
Londondery Andrew Crookshanks Commander in behalf of 
himself and the rest of the Officers and Mariners of the said 
Ship and also of the Merch ts Owners and Freighters of the 
same and others therein interested and Concerned 
Humbly sheweth 

That the said Andrew Crookshanks for a fact by him unad- 
visedly and unfortunately Committed on Board the said Ship 
was Committed and lyes Confined under the Custody of the 
Sheriff of Somerset County to Answer At the next Provincial 
Court (which your Petitioner is informed will not be till 



338 Assembly Proceedings, May \o-June 9, 1692. 

c. h. j. towards the latter end of September next that several or most 
p ' 66s of the Seamen as Evidences are bound to Prosecute which 
should they be Obliged to stay (prosecute) so long in the 
Country would prove the ruin and utter overthrow of the Voy- 
age & the Ship in all Probability rendered incapable of ever 
making a return to the Great damage of the said Merchants 
Owners and others as aforesaid 

Your petitioner therefore humbly prays that the said 
Evidences (in perpetuam rei memoriam) may be admitted to 
Give in their Testimony upon Oath to such Person or Persons 
as your Excellency shall think fit to Empower to take the 
same or otherwise that your Excellency will Graciously please 
to Grant a special Commission of Oyer and Terminer to such 
Persons also as your Excellency shall think fit for the speedy 
bringing to Trial the said Criminal upon such Evidences as 
the said Sea men can give Viva Voce therein whereby they 
may be enabled to Proceed to the Loading of the said Ship 
with all Possible expedition in Order to set forth with the 
Effects on his Voyage Homeward Bound for the Benefit and 
Relief of the said Merchants Owners &c who are like to be 
Extraordinary great Sufferers unless redressed by your Excel- 
lency 

And he shall pray &c. 

Ordered that Special Commission of Oyer and Terminer 
be directed to Col Nehemiah Blakiston Col Henry Jowles 
M r Robert Mason M r John Dent M r William Blakiston and 
M r Philip Briscoe or any three or more of them whereof the 
said Col° Blakiston and Col° Jowles or one of them to be one 
for the Trial of Andrew Crookshank at the City of Saint 
Marys on the 20 th day of June instant and notice thereof to 
be sent to the Sheriff of Somerset County to have there at the 
same time the Body of the said Andrew Crookshank his Pris- 
oner and also to Summons the Evidences on behalf of their 
Majestys against him Venire also to the Sheriff of Saint Marys 
County for Grand and Petty Jurys 

Brought hither by the Speaker of the House and presented 
to the Board an Act of Repeal of all Laws heretofore made in 
this Province and for Confirming all Laws made in this Prov- 
ince this General Assembly ready and thus endorsed here. 

By his Excellency the Governor and Council June the 6 th 1692. 
Assented to by this Board 

Signed p Order 

J LLewellin Ok. 



Assetnbly Proceedings, May \o-June 9, 1692. 339 

Remitted to the House by Captain Addison & Captain u. h. j. 
Courts with Order to Acquaint the House that there remain 
yet some Laws before this Board Concerning which this p- 666 
Board desire to Confer with them at Ten a Clock to morrow 
morning and that it seems to this Board unlikely that the 
Business of this Assembly should be finished to morrow the 
day appointed for Sessions and therefore they have further 
time to Compleat the same 

Precept issued to the Sheriff of Somerset County as Above 
Ordered viz' 

By his Excellency the Governor and Council June the 6 th 1692. 
Ordered that the Sheriff of Somerset County have the 
Body of Andrew Crookshank late Master of the Ship Kath- 
erine of London Derry (whom he had in Custody Com- 
mitted for Murder before their Majestys justices of Oyer and 
terminer especially appointed at their Court to be holden at 
the City of Saint Marys on the 20 th day of this instant June to 
answer what shall be laid to his charge and also that he sum- 
mons the mate Mariners and Seamen and others the Evidences 
therein (as he shall be informed) that all Excuses set apart 
they and every of them be and appear at the time and Place 
aforesaid to testify on behalf of their Majestys The truth of 
their Knowledge against the said Crookshank whereof let 
their be no fail on pain and Penalty that shall fall thereon 
To the Sheriff of Somerset Sign'd p Order 

County or his Deputy J LLewellin Clk. 

These 

To his Excellency the Governor & his honble Council 

The Petition of Edward Cook of Dorset County 
Humbly Sheweth 

That one Daniel Clarke of the same County living publickly 
in Adultery with your Petitioners wife in Contempt and 
despite both of the Law of God and Man and to the great 
Grief and Affliction of your Petitioner doth by Violence & Oppo- * 

sition to all Authority keep and detain your Petitioners said 
wife refusing to deliver her to your Petitioner but Continues 
to live incontinently with her notwithstanding any Warrant or 
Order of Court to the Contrary to your Petitioners Great 
Damage grief and trouble as aforesaid 

Your Petitioner humbly prays your Excellency s special war- 
rant for the Apprehending securing and taking into Custody 
both the said Daniel Clark and your Petitioners said wife so 
as to have them before your Excellency or such other of your 
Council or their Majestys Provincial or County Court to 



34° Assembly Proceedings, May \o-June 9, 1692. 

u. h. j. Answer the Premises and to Receive such Condign Punish- 
p ' 7 ment as so foul a Crime may Justly deserve and your Peti- 
tioners Wife required to return to your Petitioner and live 
with him as becometh a wife or be otherwise disposed of at a 
Greater distance from the sight and knowledge of your 
Petitioner 

And shall pray &c. 

By his Excellency the Governor and Council June the 6 th 1692. 
Ordered that the Sheriff of Dorset County forthwith to 
Apprehend and take into Custody the Body's of Daniel Clark 
and Katherine Cook the wife of M r Edward Cook of the 
same County (with whom he the said Philip Clarke doth incon- 
tinently live in Adultery and detains her from going to and 
Cohabiting with her, so that he have them both before this 
Board with all Expedition to answer the Premises and the 
further Complaint of the said Edward Cook whereof let there 
be no fail at perill 

To the Sheriff of Dorset Signed p Order 

County or his Deputy J LLewellin Clk. 

These 

Adjourn till to Morrow 10 a Clock 



June the 7 th 1692 

Met in Council Chamber 

His Excellency the Governor 
( Col Jowles M r Tench ] 

the honble -j Col Greenberry Captain Addison > Present 
( Col° Hutchins Captain Courts j 

M r William Taylard appointed Clerk Assistant 

Col Brown and M r Brooke make their appearance at the 
Board proceed to reading several Bills before the Board viz' 

An Act for Settlement of an Annual Revenue upon their 
Majestys Governor &c (remark) this Board upon reading 
finding that the Revenue is only for the time being think it 
most proper that the same be as well for their Majestys Gov- 
ernor hereafter as for the present Governor for the time being 

An Act prohibiting Trade with the Indians for any Flesh 
dead or Alive except deer and wild fowl 

An Act for enrollment of Conveyances and securing the 
Estates of Purchasers, read & Passed 

An Act for advancement of Coins read and Passed 



Assembly Proceedings, May \o-June 9. 1692. 341 

The Speaker and other the members of the House attended o. e. j. 
his Excellency and this Board to Confer about the laws passed 
this Sessions to which having discoursed on both sides and ?• 668 
laid down and Answered to the Objection they again return 
to their House 

Proceeded to read the Laws before this Board 
The Act for the unreasonable encrease of Horses &c which 
produced the following message to be sent to the House viz E 

By his Excellency and Council June the y a 1692 
In the Act for the Unreasonable encrease of Horses it is 
necessary that there be a Clause inserted against the Importa- 
tion of all Horses Mares and Geldings into this Province 
according to the Tenor of the former Act 

Sign'd p Order 

W Taylard Clk Ass J 

An Act of Repeal of all Laws heretofore made in this Prov- 
ince and Concerning all Laws made this General Assembly 
passed and Assented to 

An Act for Publication of all Laws within this Province 
Passed and Assented to 

An Act for setling Naval Officers fees within this Province 
Passed and Assented to 

An Ace Prohibiting Trade with the Indians read. 

An Act Ascertaining the Expences of the Commissioners 
&c read & Passed 

An Act for the 14 s p Tonnage read and Passed. 

Sent to the House together with the Above Written 
Message by Col Jowles and Col 2 Hutchins 

Came M r Tench and M r Addison from the Committee of 
Acco- 

Col° Jowles and Col° Hutchins return to the Board 

Adjourn till to Morrow Morning 10 a Clock 



June the 8 :h 1692 

Mett in the Council Chamber 

( Col° Blakistcn Coi° Hutchins 1 

the honble < Col 3 Jowles M" Tench > Present 

( Col° Greenberry Captain Courts J 

Produced and read an Act Enabling One Burgess out of 
each County to lay the publick Levy of this province the 
present year indorsed viz c June the 4 th 1692 Read I st and 2 d 
time Read here and also Endorsed viz' 



34 2 Assembly Proceedings, May io—June 9, 1692. 

u. h. j. Upon reading of this Bill it is Considered that several or 
most Part of the Inhabitants not here present having publick 
Claims put in have not had due notice thereof) the time of 
p. 669 year for laying the Levy not yet Come. This Board think it 
necessary that Larger Lattitude be Given for discharging the 
Publick dues for the Credit and Honour of the Country then 
by the said Bill is Limitted with which amendment this Board 
is willing to Pass the same 

Col Browne and M r Brook enter to the Board 

Sent to the House by Col Brown who is desired to let them 
know that if they have any more Bills to Offer this Board is 
ready to receive them 

Came M r King & M r Boothby to the Board from the House 
with the foregoing- Bills again returned to this Board, them 
indorsed viz' June 8 th 1692 read 3 times with the Amendment 
desired 

They also brought for the 14 s Tonnage and the Act ascer- 
taining the Expences of the Commissioners &c Subscribed 
viz' June the 8 th 1692 the House of Assembly have Assented 

Signed p Order 
Henry Denton Clk. 

Came M r Cheseldyn and M r Wynn from the House with 
several Bills which they present to the Board viz' 

An Act prohibiting Trade with the Indians for Skins furrs 
&c read here & Passed 

An Act for 14 s p Gallon on Liquors Imported read here & 
Passed 

An Act appointing M r Peter Pagen to be Agent for this 
Province read here and passed remitted to the House 

Adjourned for an hour 

Met Again Present as before 

Came Captain Ennals and presented the following Bills viz' 

An Act enabling one Burgess out of each County to lay the 
publick Levy of this Province for this present year 

An Act for the Imposition of 4 s -p Gallon on Liquors im- 
ported into this Province 

An Act appointing Peter Pagen Merchant to be Agent &c 
Subscribed viz 1 June the 8 th 1692 the House of Assembly have 
Assented ■ Sign'd p Order 

Henry Denton Clk Assembly 

Passed and Signed here in like manner 

Ordered that Randolph Brand of Charles County to appear 
at the next Provincial Court to Answer his Contempt and 
misbehaviour towards the Government and that he give good 
Security for the same 



Assembly Proceedings, May \o-June 9, 1692. 343 

Came M r Wynn from the House and presented the Board u. h. j. 
the Address signed by the House, also another address relat- p. 670 
ing to the Countrys Dutys and Col Darnalls demand signed 
by them 

Notice to be Given to Cecil Butler deputed by Col Darnal 
as Naval Officer that he forbear further to Collect the 1 4 s -p 
Ton Fort dutys it being Ordered to be Collected by the Col- 
lector and Naval Officer the same to be signified publickly by 
and Order of this Board to be set up in the Collectors Office 

By his Excellency the Governor and Council in Assembly 
June 8 th 1692. 

Maryland ss' 

Ordered that the several Officers and Agents of the Lord 
Baltimore appointed to Collect his Lordships part of the 
Shipping dues do henceforth Succease the Collection and re- 
ceiving the Fort duties of 14 s *p Ton on Ships and Vessels 
Trading here the same being Adjudged by Act of Assembly 
to be the Country duties and to be Collected by the Naval 
Officers appointed by his Excellency in the several entring 
Ports in this Province 

Signed p Order 

J LLewellin Clk 

A Petition preferred by the Inhabitants of Kent County on 
the north side of Chester River praying that if the Island of 
Kent be Seperated from them into a County of it self a 
reasonable number of the Inhabitants on the South side of 
Sassafras River may be added to them 

His Excellency declares to the Board that he desires to be 
more fully informed of the nature of the petition and of the 
Conveniency of Granting the same and will further Consider 
thereof 

A Petition preferred by the Inhabitants of the South Side 
of Sassafras River in Cecil County setting forth that their 
Court being holden on the north side of the said River to 
their Great damage ill Conveniency and hazard in bad weather 
especially pray therefore to be Joyned to Kent County in 
manner as themselves the Inhabitants of Kent County on the 
North Side of Chester River by their Petition have prayed 

The same Answer given them as to the Inhabitants of Kent 
County 

An Address or Petition preferred by several Merchants 
Factors Traders planters and other Inhabitants and Resi- 
dents in Talbot County together with several Masters of 
Ships and other Vessels trading into this Province with sundry 
of their Subscriptions (praying that the Town of Oxford for 



344 Assembly Proceedi?igs, May \o~June g, 1692. 

u. h. j. the Commodious Scituation thereof may be erected into a 
p ' 7I Corporation with immunities and Franchises accordingly. 
His Excellency will Consider thereof 
The address brought by M r Wynn is as follows viz' 

To their most Excellent Majestys William and Mary by the 
Grace of God King and Queen of England Scotland France 
and Ireland Defenders of the Faith &c 

We your Majestys Council and the Freemen Inhabitants of 
this your Majestys Province of Maryland by their Representa- 
tives in a Gen 1 Assembly now Convened and met together 
having seriously and maturely perused Considered debated 
and Enquired into the several Articles of Impeachment or 
Charge Exhibited by our Agents against the Lord Baltimore 
and his Deputies do upon strict search thereinto and the 
several Depositions Examinations Papers and Records thereof 
find the same to be Punctually & Exactly true according to 
the several parts thereof now by us Abridged & hereunto 
annexed the which we are able ready and willing to prove 
defend and maintain by such further Testimony proofs and 
evidences as may be reasonably required of us whensoever 
your Majesty shall please to call us thereunto By your Royal 
Commission of Enquiry into the Premises and not only so but 
several Insolencys Misdemeanors & Outrages done and per- 
pretrated since by his Factors and Agents here to the disturb- 
ance of your Majestys good and leige Subjects. Inhabitants 
hereof Aiming at and designing nothing less then total Sub- 
version of this your Government and your Majestys Royal 
Authority over us which they have (as much as in them lye) 
endeavoured to Obliterate and rase out of the minds of your 
Majestys most Loyal Subjects 

The Moiety of 2 s p hhd by Act of Assembly Vested in his 
Lordship for the support of Government and the Contingent 
Charges thereof 

We likewise find to be misapplyed, and that his Lordship 
the Lord Baltimore in Arrears indebted to the Country six or 
seven and thirty thousand Pounds Sterling at the least whereof 
his Lordships Agent here hath Obstructively peremptorily 
refused to give any Account or produce his Book of Entry 
whereby he is to make out the same which we humbly pray 
(by your Majestys Royal Commission may be inquired into 
and an Account thereof duly rendered and Satisfaction for the 
Ballance duly made by his Lordship by which means we your 
Majestys most Loyal Subjects may the better be enabled to 
p- 6 7 2 express our Gratitude to your Majestys for Answering our 
petitions in Giving us a Protestant Governor by rendering 
him able and sufficient to support and maintain the Honour 



Assembly Proceedings, May \o—June 9, 1692. 345 

your Majesty designed him and the Satisfaction we retain in u. H. j. 
placing him among us 

Signed by every Member of the Council Present 

Adjourned till to Morrow Morning 10 a Clock 



the 
honble 



June the 9 th 1692 

Met in Council Chamber viz 1 

His Excellency the Governor 
Col Blakiston Col Browne 
Col° Jowles M r Tench 

Col Greenberry Cap' Courts 
Col Hutchins M r Brooke 



1- Present 



J 



Sent to the House this following Message 



By the honble Council June the 9 th 1692. 

i sc This Board perusing the Act for Payment of publick 
charge find an Article to his Excellency the Governor of 
Gratuity which this Board find very unsuitable for his Great 
Charges and trouble and undertaking in the Peacable and 
happy Settlement of the Government of this province specially 
Considering a larger Gratuity to a Person of an inferior 
Capacity in the same act allowed which this Board desires 
may be rectified 

2 dly This Board finding that in the Acco' of M r Lynes for 
publick expences of this honble Council that each particular 
Article is charged to their particular Acco' for which Reason 
as it is informed to the Board that an Order of your House 
Referred the said Lynes to them for Satisfaction Notwith- 
standing by his Excellencys special Command they Came to 
attend him upon his arrival upon Surrender of the Govern- 
ment and since Called down upon Emergent Occasions which 
also this Board desire may be Rectified 

3 dly This Board likewise desire that some Consideration 
may be taken in Relation to the last years Levy that your 
house would propose some method of full Satisfaction of all 
Bills drawn by the Naval Officers that are in the Country or 
others that may come in Protested on the same Account next 
Shipping wherein if due Care be not taken it will destroy and 
render the Credit of the Country insignificant & Poor very 
injurious to many good People living in and Trading to the 
same 

Signed p Order 

W Taylard Clk Assistant 



346 Assembly Proceedings, May lo-June 9, 1692. 

u. h. j. The Governor of New Yorks Letter Recommended to the 
p - 6?3 Consideration of the House returned hither with the Endorse- 
ment viz 1 

By the House of Assembly 9 th June 1692. 
This House do humbly Conceive that matter concerning 
peace & War belongs to the King to Conclude and therefore 
Referr themselves for an Answer to be Given to the within 
mentioned by his Excellency 

Signed p Order 
Henry Denton Clk Assembly. 

Brought from the House the Act for Payment of the publick 
Charges &c read and Passed the first time 

Sent back by M r Tench and Captain Courts they return 

The Speaker and Members of the House attended his 
Excellency and this Board at the Passing and sealing the Laws 
passed this Sessions 

They passed the Seal and are thus endorsed June the 9 th 
1692. 

On behalf of their Majestys King William and Queen Mary 
I will these to be Laws Signed 

L Copley. 

His Excellency declares his Resolution of Adjourning the 
Assembly till the 20 th day of October next and Orders the 
Speaker to Adjourn his House to that time. 

Accordingly this Assembly is Adjourned to the 20 th day of 
October 1692 

Signed p Order 

John LLewellin Clk 



PROCEEDINGS AND ACTS 



OF THE 



GENERAL ASSEMBLY 
OE MARYLAND, 

At a session held at St. Mary' s, May \o-June 9, 1692. 

CHARLES CALVERT, LORD BALTIMORE, 
Proprietary. 

LIONEL COPLEY, 
Royal Governor. 



THE LOWER HOUSE OF ASSEMBLY. 



[Journal of the Lower] House of Assembly ? r l gin f 

Begun [on the 10 th day of May, in the] fourth yeare of the 

Raigne of [our Soveraign Lord and Lady King William 

and] Queen Mary Anno Dom 1692. 

Vertue of there Maj ties Writt of Election iss of 

of Chancery in this province beareing Da day 

ed to the Citty of S' Mayes & the seve & respec- 

tiue vince cofnanding them to make Choice of for 

Sufficient able spectiue County and two for the 

City of S' Maryes afd to is for the said City & County es 

aforesd to personally ap att City of S' 

Maryes vpon the Tenth day aboue being Tuesday 

in the yeare of our Lord 1692 where mett they after- 

wards went into the Councill Chamber neare to the of 

m r Gerrard Vansweringhen in the said City; his Excellency 
Coll: Copley Gou r no r and the Upper House being there 

present his Excellency in a Speech Sett forth vnto them the 
severall difficulties & hazards he had through after the 

King had Signifyed his Intentions of Sending him amongst 
them he put them in minde of makeing wholesome Laws and 
the laying aside of all heates and Annimosities setting before 
them the Examples of their Sacred Maj ties 

Amongst other Laws to be made he recomends to th m one 
in particuler as placed in his Instructions (to Witt) 

The Raiseing further Supplyes for Support of the Gou r no r 
for the time being, and defraying the necessary Charges of 
the Gouernm' Conceiuing that it would be advantagious to 
the Countrey as well as Satisfaction for himselfe to know what 
they intended for him to Support the Hono r of the Post the 
King had placed him in, and to Reduce that as alsoe the 
Allowances to the Gentlemen of the Councill & Assembly to 
a certaine fund, hopeing they would come short of none of 
their Neighbouring Colonies in anything of that Nature, and 
soe desired them to goe and Choose their Speaker and take 
care that none be admitted to Sitt amongst them but such as 
should take the Oathes and be qualifyed by Law. 

Which being ended the members of the House of Assembly 
withdrew & repaired to the State House in the said City of 
S' Maryes. 

Then the members proceeded to make Choice of their 
Speaker and by Gen r all Vote, nemine Contradicente the Elec- 
tion made Choice of M r Kenelm Cheseldyne for their Speaker 
and place him in the Chaire accordingly. 



350 Assembly Proceedings, May \o-June 9, 1692. 
Original Then was Henry Denton likewise uoted Clarke of this 

Journal, tt 

House. 

Jonathan Clarke was alsoe admitted Dorekeeper as Like- 
wise James Baker 

The Speaker w th the rest of the Members of this House 
went vp to the Council Chamber where they presented their 
Speaker to the Gou r no r whoe there made a Short excusatory 
Speech, disableing himself by reason of his many Imperfec- 
tions humbley desireing his Excellency to Nominate some 
more able and Sufficient Member of the same house to which 
his Ex ncie replyed that he Did very well allowe of their Choice, 
for which he returned his Ex ncie Humble thanks for thinking 
him worthy for the Execution of a place of to vse his 

Utmost Care and dilige in the name & on behalf of 

these Priviledges of freedome from Arrest Access 

and free Liberty of Speech 

The Speaker with the rest of House where he 

returnes them promissing to discharge that ording 

to the best of his ability 

Proposed by M r Speaker hours att, who all 

resolved to meet in the Mor & soe to sitt till four 

in the Eve 

The House adjournes till to Morrow of the Clock 

Morning 

Wednesday M I th 1692 

The House again Mett & Debated the precedency of 
in the house, which was resolved as followeth (Uiz) 



City of St Maryes \ Ann Arrundall County ) Baltemore County ) [Dor]chesf County 
St Maryes County V Calvart County > Talbott County >■ & 

Kent County ) Charles County ) Sumersett County ) [Cae]cill County 



And accordingly in order the Delegates of the City & each 
respectiue County take their places. 

M r Speaker orders the House to be called ouer according to 
their places to see what members are absent which was done 
as follows Viz. 

City of St Maryes Edwd Wynne Esq 1 Baltemore County Mr Geo: Ashman . 

Mr Robt Mason J Mr Edwd Bootbby I 

St Maryes County Mr Kenelm Chiseldyne Mr ff ra: Watkins. f 

Majr John Caruell I Mr Tho. Staley. ' 

Mr Phillip Clarke [ Talbott County Mr Robert Smith . 

Mr John Watson ' Mr Wm Phiney / 

M r Hugh Sherwood f 

M r Jn° Edmondson ' 

Kent County M r Wm Harris - Sumersett County Capt Wm Whittington , 



Mr 
M: 

M 



Assembly Proceedings, May lo-June 9, 1692. 351 

Ann Arrundell Mr John Hamond Dorchestr County Majr Henry Tripp Original 

County Mr Henry Ridgeley I Doctr John Brookes I Journal. 

Mr James Sanders [ Mr Thomas Ennalls f 

Mr John Dorsey * Mr Edward Pinder * 

Caluert County M r Thomas Greenfield , Caecill County Mr William Dare 

Mr Thomas Tasker / Coll St Leidger Codd I 

Mr Henry Mittchell f Mr Edward Jones j 

M r John Bigger ' M r George "Warner J 
Charles County M r W" Dent . 
Mr Henry Hawkins / 
Majr Ja: Smallwood f 
Capt Phillip Hoskins ' 

The aforegoing names called ouer and were absent these 
Members following (Viz') 

Maj r Caruell, M r John Edmondson, M r Tho: Evernden, M r 
Jn° Godden & M r George Wardener. 

Sent from and M r James Sanders to the Councell 

Roome James Smallwood, M r Thomas Greenfield & 

M r Edward Pinder were not sworne yesterday. 

said use themselves to this House for not 

Maj r Smallwood for Excuse vice, by Order of 

the Gouerno r 

of this House, which being read for the members 

thereof vpon (Viz') 

May 11 th 1692. 

It is delegates of this Province now Asse 

Obserued by the Burgesses & De this House dureing 

the Sess this 

I st That No Burgess, Deputy, or Delegate House 

shall vse any revileing Speeches name any one by his 

proper Name but by another Significacon (Viz') Gent lman that 
speake last or the like. 

2 dly That Noe speake aboue once att a Reading to 

any Bill without Lycence of the Speaker, and if Two persons 
or more rise vp together the Speaker shall appoint who shall 
Speake first and noe one may interrupt another or Speake till 
the other hath ended. 

3 dly That none shall deliuer his Opinion or Speake sitting 
to any Bill but shall stand up & reuerently direct his Speech 
to the Speaker. 

4 thly That euery bill proposed to the House shall be read 
three seuerall dayes before it be Engrossed, and that between 
euery Reading one day shall be intermitted vnless upon uery 
Urgent Occasion M r Speaker w th the Consent of the House 
shall dispence therewith, and then one being read twice att 
one Sitting shall be Sufficient as Read two Seuerall dayes & 
times when soe Entered vpon the Clarkes Journall. 

5 thIy That noe one shall come in to the house of Assembly 
whilest the House is sitting with a sword or other Weapon 



352 Assembly Proceedings, May \o-June 9, 1692. 

Original but shall putt the same into the hands of the Dorekeeper or 
journa . Q ^ er p erson appointed thereto vpon penalty of a ffyne, as the 
Speaker Deputies & Delegates shall thinke fitt: 

6 thly Any of the members bound to Attend this Assembly 
who shall be absent from the House att the hower & place 
appointed after the number of Eleauen of them and the 
Speaker according to the Ord r for settleing the House shall 
be fined according to the Discretion of the house vnless vpon 
Lawfull Excuse & Admitted by the Speaker. 

ythiy yyi misdemeano rs which shall happen within this House 
shall be Censured & fined by this House. 

gtbiy "When any Bill is presented & noe one makes objec- 
tion therevnto, M r Speaker shall appoint any one Member to 
" speake to the said Bill, & deliuer his Opinion first and soe in 
Ord r as M r Speaker shall thinke fitt. 

9 thly That Dureing the Sessions of Assembly noe one what- 
soeuer, either Deputy Burgess Delegate or Clk shall Utter any 
Words or make Relation of any words spoken in the House 
To any bill or otherwise vpon debate or Conference vpon 
penalty of such ffyne as the House shall think fitt. 

I0 thi y That noe Bill be read at any time dureing this Ses- 
sions of Assembly but In a full House, all Cofnittees being 
first Called in to the House. 

1 1 thly That noe Burgess Depu this Sessions of 

Assembly presume to the House is Sitting vpon penalty 

house think fitt, 

May the ii ch 1692 of Assembly 

The aforesaid Rules were 

The House thought Convenient Harris to the Councill 

to gett his Maj tes high Court of Chancery 

The House adjournes 

The house again Mett the M r Robert Mason 

Returne of the M r Edmondson M r M r 

Godden & M r Warner the house & Doe say that they 

dispence with that formall enjoyned them of take- 

ing the Oathes and Desire to know what account they shall giue 
to their Countyes for they were chose to serue & M r 

Speaker returned for Answere, that they draw vp in 

Writeing their Reasons of their not takeing the Oathes & 
then the House would consider of them. 

Comittee of Privil edges & Elections appointed (Viz 1 ) M r Jn° Hamond ] 
The said Comittee was to enquire, into j f M r Edw d Pinder M r | 

disorderly & undue Elections } j W m Harris M r Phillip }■ 

Clarke & Docter John | 
Brookes J 



Assembly Proceedings, May \o-June 9, 1692. 353 

Petition preferred by seuerall Mast" of Shipps & Read, Original 
which sett forth that the two Brownes being Shipps of force & J° urnal - 
ready to Sayle & haueing protection from all Embargoes, 
which now the said Petition" lay vnder, notwithstanding were 
able to make vp a ffleet of about Twenty Sayle & therefore 
capable to make a pretty good Defence if opposed. That if 
they were now stopt from their Voyage it would be of Con- 
siderable ill Consequence to them, provissions being scarce to 
gett, besides runing the hazard of this Countrey Seasoning 
they therefore desire this house will be pleased to interceed 
with the Gou r no r in their behalfe that they may be permitted 
now to Sayle: To which the house nemine Contradicente did 
agree. 

Petition of Seuerall freeholders of Calvert County preferred, 
and read, the maine Purport whereof was that their Election 
for Burgesses had not been fairly carryed on, & the same was 
left to the Comittee of Elections to Consider off. 

The said Comittee tooke leave of the House and Carryed 
w th them the Returnes of the Writts of Election & Petition of 
Calvert County ffreeholders to Consider off. 

M r Greenfield a Delegate of Calvert County moves the 
House & does say he can giue vpon Oath of some illegall 
& vnfaire proceedings passed at the Election of Burgesses in 
their County and there vpon was Ordered to make his report 
to the Comittee of Elections Concerning the same. 

M r W m out to draw vp a Petition to the Gouern 

according to the purport of their request 

Returne the Gou r no r & Councill sent to this 

sworne in the Upper house. 

Ridgeley, M r Sanders, M r Hawkins M r Mason 

Cap 1 Whittington Cap' Hoskins, M r Wheeler M r 

M r Ashman Cap 1 Mittchell Maj r M r King, Doct r Brooke, 

M r Wynne (Viz). 

M r Dent. 

Signed John LLewellin Clk 

Moued member of this house that a Comittee of 

Agreevances might goe forth by the house was thought 

necessary and therevpon M r Speaker appointed M r Wattson 
Coll Smith and M r Hoskins to goe forth as a Comittee 

Examine into such matters & make a report thereof to 
the House. Coll Codd giues notice to the members of the 
house that if any of them haue any agreevances to Offer they 
should present them, wherevpon Cap' Whittington moued to 
the house that he had some Grievances drawne vp in a paper 
in his Shallop, and therefore asked Leave to fetch it w ch was 
granted him 



354 Assembly Proceedings, May \o—June 9, 1692. 

Original M r Edward Jones reports to the house some certaine 
Grieuances of persons brought downe out of their County 
vpon friuolous Matters, to their great Charge & all most Utter 
Ruine. 

M r Robert Mason and M r W m Dent returne into the house 
again with a Petition drawne as was ordered, which being 
read, it was ordered by the house to be Written vnderneath 
the Petition preferred to this house as follows, (uiz') 

To his Excellency Lyonell Copley Esq r Cap 1 Genii and Gou- 

erno r of this Province &c a 
May it please y r Excellency. 

The aforegoeing Petition has been read in this house, who 
are generally sensible that the greatest part thereof is True 
& the Motives therein Layd downe very pressing and there- 
fore doe humbly pray y r Excellency on their behalfe to giue 
such Grant to the same as In your Wisdom you shall see 

Convenient. c . , Jr 

bigned p ord r 

Hen Denton Clk Assembly 

Moved by a Member of this house that Consideracon may 
be had of the vse of habeas Corpus in this Province. The 
house referred it to a further Consideracon. . 

Cap' Whitington brings in to the house the paper of Griev- 
ances of Sumersett County which was Read and it was 
Ordered that he should Carrye the same to the Comittee of 
Agrievances. 

Moued by a member of this house of considering of a way 
to Encourage the bringing in of Money and the same was 
seconded by another Member, and ordered by the house that 
some Method be Used towards the prepareing a Bill for the 
same. 

M r John Edmondson, M r & M r George Warner came 

into the Reasons of not takeing the Oathes, as 

ffollows (Viz 1 ) 

To the 

Wee whose names are Delegates for our County 

& due attendance to vpon Scruple of Conscience 

although the Substance therein lemnly in the presence 

of God, formance thereof, are not antient Customes 

& Vsages of thereof, and a Certaine Act of Assembly to 

science made and provided therefore, Wee Maj ties 

and our Countrey leaue this to y r Serious consideracon 
a way for the reliefe of all tender consciences that be 

put into a Capacity to serve their Maj ties & our Countrey 

John Edmond[son] Tho: Everenden ) 
John Godden [Geo:] Warner J 



,d 



Assembly Proceedings, May \o-June 9, 1692. 355 

The House doe promise to returne them an Answer to their Original 

Petition. Comitte for inspecting the Laws appointed (viz') J° urnal - 

M r W m Dent ) Cap 4 Tripp 

M r Phillip Clarke \ M r Tho: Greenfeild 

M r Rob 4 Smith ) Cap' W m Whittington 

M r Edw d Boothby 

Ordered that some of the Upper house be desired to joyne 
w th the said Comittee M r Phillip Clarke returnes from the 
Comittee of Elections and makes Report to the house, the 
sense of that Comittee concerning the Election of Delegates 
in Calvert County whoe Returne as follows May 11 th 1692. 

The Comittee to inspect the Elections and Priviledges &c, 
haueing duely Examined the Election for Calvert County doe 
finde the same to be a due Election. 

Signed by Order Peter Dent Clk of the Comittee 

Putt to a Vote, whether the said Returne of the Comittee 
shall be Confirmed or noe when a full house sitts. 

An Answere to M r Edmondson & his Bretherens Petition 
is referred by the house for M r Speaker to giue. 

The Gou r no rs Speech to the house againe Read, and ordered 
nemine contradicente that Thankes be Returned to his Excel- 
lency for the same. 

The Comittee for Elections sent to the Councill w th this fol- 
lowing Message, (Viz 1 ) 

By the house of Assembly May 11 th 1692. 
This house haue appointed M r Dent M r Clarke M r Smith 
M r Tripp M r Greenfield M r Whittington & M r Boothby to be 
a Comittee for Examination & inspection of the Body of Laws 
of this Province & doe desire that some Members of the 
Councill may be joyned w t h them therein. 
Signed p Order 

Hen: Denton Clk Assembly. 

Ordered by the house that euery Ordinary keeper bring in 
his Acco L euery Saturday Night. 

The Comittee for Agrievances Returne into the house & 
presented to the house severall Grievances drawne vp in a 
paper which were read & are as ffollows, (Viz') 

Grievances presented to the Consideracon 
I st Hum land in euery respectiue County 

Number of Ordinaryes or and to the depopulate- 

ing thereof Ruine of this our Province. 



356 Assembly Proceedings, May \o-June 9, 1692. 

Original 2 dIy alicious persons out of their to the Pro- 

jouma . v j nc j a jj Court for severall in the same County and the 

Answere some times for little hath appeared, it 

being a great Gri noe Indictm' Bill, plaint or lnf 

to the Provinciall Court w ch by County Courts. 

3 dly great Grievance that their is noe Car 

for of the Clergy to the Service of God Almighty and 

ood of our poor Soules, by Erecting of Churches & 
provideing a Comp maintenance for such whoe are 

lawfully Authorized to Exer that function 

4 thly And it is rther Reported great Griev- 

ance that all the vpper parts of this Province is forced to 
Travell to S' Maryes vpon all Occasions, as to Courts and 
Assemblyes & all other Occasions the Scituation being not 
Convenient, being at one End of the Province & inconvenient, 
when as it ought to be in the Center or as neare as possible 
might be. 

5 thly Wee pray that it may be Enacted that all Wills may 
be proved in the County and Administracons granted in the 
same County according to the Late Ordinance and that the 
ffees to such Clarke may be assertain'd. 

6 thly Itt is reported to vs as a great Grievance that Actions 
are brought for small quantityes of Tobacco Wee pray that it 
may be Enacted that for the future noe Action be brought 
in to any Court of Record in this Province, vnder the Sume of 
ffour hunderd pounds of tobacco but that all Debts vnder that 
Sume may vpon Complainte to one or two Justices of the 
Peace in every Respectiue County be Lawfull for the said 
Justices vpon due proofe of the Debts before them made to 
giue Judgment to the Complainant and vpon refuseall of 
paym 1 to award Execution, allowing to them or their Clarke 
reasonable Costs. 

7 thly Itt is reported to vs as a great Grievance the excessive 
Charges that is Expended in Ordinaries att Assemblyes, Wee 
pray that it may be Enacted that euery Delegate that hereafter 
shall serve in these Generall Assemblyes may know their Cer- 
taine allowance for euery dayes expence for themselves and 
their Men, by meanes whereof the aforementioned abuses will 
be Regulated and amended. 

8 thly Itt is further Reported to vs as a great Grievance 
that Chirurgeons and Phisitions in this Province haue and 
Dayly doe to the Great Grievance of the Inhabitants of this 
Province Charge them with Excessive ffees, and noe Law pro- 
vided to restraine Curb their Vnreasonable demands, pray 
that it may be Enacted that every Doct r shall in his Acco ts 
Charge the first Costs of his Medicins administred to his 
patients & thereto Add soe much more as his Costs, and for 



Assembly Proceedings, May \o-June 9, 1692. 357 

every Visitt to Charge Tenn pounds of Tobacco for euery Original 
Mile that he shall Ride to. Visitt his Patients as often as J ournaL 
desired. 

9 thly Itt is reported to vs as a great being Indebted 

to the Sherriff and haueing wherewithall to dis the 

Credito r s will not re may that henceforth ev 

the Twentyeth day of good tobacco, and the 

Credito r shall refuse and Weighed, and if 

secured for acco' of the Credi ereof for one yeare next 

ensu any action to be excluded 

io thly Wee further pray that it the vsuall Costomes 

in old England the to Ride the Circuit and that all 

Criminalls may be try their proper County according 

to the vsuall Customes in old England. 

By the House of Assembly May 1 I th 1692. 

Voted and ordered by the house that every Ordinary Keeper 
giue a perticular Acco' of every Burgesses Expences and 
deliuer vp the same every Saturday Night and that an order 
to the same purpose be given vnder the hand of the Clarke of 
this house to euery Ordinary keeper hereabouts, to the end 
the same may be duely observed vpon pennalty of that Ordi- 
nary keepers forfeiting that weekes Acco c soe neglected to be 
observed as afd. dureing this Sessions. 

The House adjournes till to Morrow Morning Nine of the 
Clock 

Thursday May 12 th 1692. 

The House againe Mett & ordered to be called ouer, and 
these following Members were absent, (Viz') Maj r Caruell, M r 
John Biggers, Maj r Smallwood Cap 1 Hoskins, M r ffinney M r 
Edmondson, M r Everenden M r Goddin, M r Dare, M r Warner. 

M r ffinney enters the house. 

Coll Codd moues that some time of the day might be 
appointed when all the house may be present to heare debates. 

M r Dare Enters the house. 

Moued by a member of this house that it may be put to a 
Vote whether or noe a full house shall not Continue together 
to heare Debates, dureing some certaine space of time every 
day, (viz 1 from Nine of the Clock in the Morning till two in 
the afternoone. 

Maj r Smallwood Enters the House. 

The aboue Motion was put to the Vote and carryed in the 
Negatiue. 

The Returne, of the Writt of Election for Calvert County 
made by the Cofnittee of Elections appointed to Inspect such 



358 Assembly Proceedings, May \o~June 9, 1692. 
Original Matters, ordered to be read in the house which was as ffollowes 

Journal, i • ,\ 
J (VIZ 1 ) 

May 11 th 1692. 
The Comittee to Inspect the Elections & priviledges haue- 
ing duely Examined the Election for Calvert County doe finde 
the same to be a due Election 

Signed p order Peter Dent Clk of the Comittee 

Debated shall be Confirmed or noe. 

Moued by put to a Vote which was 

Green Bigger in to the house. 

be put to a Vote, whether the might be acceptable 

to this whole house that a Message might con- 

cerning- the Same. 

M r to withdraw, w ch was granted him. 

The likewise, that for Elections and priv ar g e - 

cerning the Petition of some Memb rs of Draw 

vp and read & ordered to be sent, as ffollow (Viz 1 ) 

By the house of Assembly May 12 th 1692. 
This [house] has been M[oved] by severall Members whose 
consciences will not permitt them to complye [with the] forme 
of the Oath of Allegeance and Abhorre[nce] as it is taken by 
[their] Maj ties other Subjects, and desire to serve their Maj ties 
and their Countyes in the Trust reposed in them, This house 
are very desirous to haue the Assistance of all the members 
of the same in those weighty affaires now before them and 
alsoe of the aforesd members, if any Expedient can be found 
out, in which Case, the vsuall Declaration made by persons 
soe principled will be satisfactory to the house of their Loyalty 
to their Maj ties and ffa.it h fullness to their Covntry and the 
Advice ot their Maj tes hon rble Covncill herein is by this house 
desired in the p r mises. 

Signed p r ord r Hen. Denton Clk Assembly. 

M r Bigger enters the house. 

The aforesaid Message againe read & sent by Coll Codd 
& M r Greenfield. 

They returne againe and say they delivered the aboue 
Message. 

Ordered a Message to be drawne to present to the Gouer- 
no r & Councill to know the Convenientest time to waite vpon 
their Hono rs which was accordingly drawne and read, as fol- 
lows, (viz ( ) 

By the house of Assembly May 12 th 1692. 
This house has ordered and Confined themselves to Cer- 
taine howres of Meeting (viz 1 ) To meet att nine of the Clock 
in the Morning and soe to Continue till four in the afternoon. 



Assembly Proceedings, May io-jfune 9, 1692. 359 

They have thought fitt to intimate this vnto your Hono" Original 
desireing that you would be pleased to Signifye vnto this Journa ' 
house which will be the most convenient times to waite vpon 
your Hono" about the business of the Countrey now in hand 
that matters may be the easier comunicated. 

Signed *p Ord r 

Hen Denton Clk Assembly 

The aboue Message was sent by M r Tasker and m r Haw- 
kins who retorne & say they delivered the same. 

Ordered that a Message of thankes, to the Gouerno" 
Speech, from this house, be drawne vp, Which was as ffollows, 
(viz 1 ) 

By the House of Assembly May 12 th 1692. 
This house haueing read his Excellencys Speech att 

the opening the same soe Suitable & proper to 

that they doe, Nemine con to urned to his Excellency. 

The aboue Message read was accordingly done by 

M r M r Jones, Coll Codd M r Ma dgeley. 

Major Caruell Enters 

The aforenamed Gentlemen M r Winne giues the 

house an account no r the which his Excellency 

thankes to this house for the same & withall desired that the 
the Province now in agitation might be Expedited. 

Coll Codd & M r Ennalls sent to Call in the Comittee 
appointed for Inspecting the Laws. 

The paper of Grievances ordered to be read ouer again 
finde Convenient that the Article about Tipling houses be 

Ordered by the house that his Excellency be Moved to 
Cause a Rule of Court to be made in the Provinciall Court, 
that all Indictm' 5 brought in the Provinciall Court which are or 
may be cognoscible in the County Courts shall be sent back 
to the County Courts from whence such Indictm ts are brought 

The Comittee of Elections sent for, repaire to the house, 
and bring in these Returnes ffollowing (Viz') May 12 th 1692 

The Comittee to Inspect the Elections & Priviledges &c a 
haueing inspected into the Election of M r John Hewett, whoe 
was Elected for the County of Sumersett being a man in 
sacred Orders is thought not fitt to sitt as a member of the 
Lower house. 

Signed by Ord r Peter Dent Clk of the Comittee 

May 12 th 1692. 

The Comittee to Inspect the Elections & Priviledges &c: 
haueing made Inspection into the Election for Csecill County 



360 Assembly Proceedings, May \o—yune 9, 1692. 

Original doe finde that Coll: S l Leger Codd whoe was Elected for the 
said Covnty ought not to Sitt as a member of the Lower 
house till he hath Cleared himself of an Accusation proved 
against him before a Convention held at S c Maryes the 11 th 
day of Aprill 1690 and hath since sent a Letter directed to 
Coll Henry Covrsey endeavouring to divert their Maj tics Sub- 
jects from their Allegeance. 

Signed p Ord Peter Dent Clk of the Comittee 

An order of Convention as Likewise a Letter Concerning 
rebellious practices acted by Coll Codd read in the house. 

M r Wynne goes along w th Maj r Caruell to the Councill to 
take the Oathes. 

The House adjournes till to morrow Nine of the Clock. 

ffryday May 13 th 1692. 

The House againe mett & ordered to be Called ouer and 
were absent these following members, (viz f ) 

Maj r M r Harris, M r Hamond, M r Smith, M r Ed 

Docf Brookes, M r Pinder, M r the house except M r 

Edmondson 

as his Crimes laid to his Charge 

of Some of their proceedings 

tions & Priviledges &c a haueing Countyes & 

Citty of S f Maryes, the County of Calvert, the 

Charles County of Baltemore, the County of Talbott the 

County Sumersett & the County of Dorchester doe 

finde Elections Citty & the Severall Countyes 

aforesaid to be due and the fitt to sitt in the 

house of Assembly except those persons that haue 

been already offered to the Consideracon of the house. 

Signed -p Ord r Peter Dent Clk of the Comittee 

The Comittee makeing noe Returne in the afd List of 
Caecill County Delegates for answer to the reason asked 
them, doe say that information was giuen them of severall 
Misdemeanours & Crimes Laid against them, whereof the 
house thought fitt they should cleare themselves & therevpon 
were dismissed the house till the Matter were enquired into 
and debated by this house. 

The Comittee for Inspecting the Laws ordered to goe out 
vpon their Charge. 

Thomas Brookes Esq r sent from the Gouerno r & Councill 
with a Message to this house which was read as follows, 
(Viz 1 ) 



Assembly Proceedings, May \o-June 9, 1692. 361 

By his Excellency the Gouerno r & Councill in Assembly. Original 

The Severall Messages this day rec d from the house by m r J° urna) - 
Greenfield, and m r Cood, the second by m r Dent, M r Smith, 
Maj r Tripp, M r Whitington and the Last by m r Tasker, and m r 
Hawkins haue passed the mature & deliberate Consideracon 
of this Board, and in Answere therevnto they Returne severally 
& in Order, as ffollows Viz 1 

1 That this Board is very desirous to Concurr with the 
house in all things reasonable and safe for them to doe, 
especially should be very glad to giue that Satisfaction both 
to the house & the persons themselves principally Concerned, 
whoe for tenderness of Conscience cannot complye with the 
Lawe In takeing the Oathes in such formality as is required, 
but after all their endeavours & strict scrutines there into, 
cannot finde out an Expedient for that purpose, without open 
Violation of the Lawes of England, which is not Consistant 
nor in any wise to be admitted off according to our p r sent 
Constitution, alsoe wholely repugnant to the very express 
words of his Ex ncies Cofnission, and his directions in his Speech 
att the opening of this Assembly now recomended to the 
Consideracon of the house for their further and better Satis- 
faction. 

2. This Board is ready and Willing to [join] w th some others 
of the house to inspect [the Body of the Laws as desired] but 
Concievs it altogether necessary [in the first place to consider 
matters] of greater Import, [weight and moment for the quiet 
peace and settlement] of this Province, and [necessarily lead- 
ing to the making of wholesome] Laws for the good Gou [em- 
inent thereof, such as recognizing the undoubted] Right and 
Soueraignty [of their Majestys in and to this Province ; this] 
present Meeting a Legal [and duly qualified Assembly to 
enact] and make such Laws vnder [such an Authority; and 
then an Act of] Indemnity & some mea[sures for the Con- 
firmation and settling of all] Matters Judiciall & otherwise 
[since the late Revolution as shall by this] Assembly be 
thought [fit to be presented to his Exce ly , and by] him to their 
Maj tes for their [Approbation and assent.] 

These things and some oth[ers recommended by his Exc ly 
in his speech] to the Consideracon of this Assem[bly premised 
and Considered : This Board] will as before readily joyne in 
Comittee with the [house] in the [matter] desired or what 
else may reasonably be offered to them. 

3: This Board shall and will alsoe be [ready] to receiue a 
Message or conferr with the house ab[out the] Emergent 
affairs of the Province whensoeuer the same shall [be] thought 
convenient [or] desired by the house. 

Signed by Ord r John LLewellin Ok. 



362 Assembly Proceedings, May 10— June 9, 1692. 

Original Moved and Voted in the house whether the Inspection of 
the Old Lawes or the Goeing vpon those menconed in the 
Aboue Message shall be Expedited first. 

Itt was carryed by the Majority of Voices to goe vpon the 
old Laws first. 

Voted in the house, nemine contradicente that an Address 
be drawne to returne his Majesty thankes for his Gracious 
care in the Settlem' of the ruin'd State of affaires here in this 
Province, and takeing the same & this Gouernm' imediately 
vnder his owne protection. 

A message sent from the Comittee of Lawes as follows, 
(Viz 1 ) 

By the Comittee for Inspection of Laws, May 12 th 1692. 

Debated in the Comittee what the Laws of this Province 

shall beare, and it is the Opinion of this Comittee, instead of 
the words formerly vsed, these words be inserted ; Lawes 
made & Enacted by their Sacred Maj ties W m & Mary King & 
Queen of England &c a by & with the Advice and Consent of 
theGouerno r & Councill & This Gen 11 Assembly. 

The Advice of the house humbly is prayed in the p r mises. 
Signed -p Ord r Cleborne Lomax Ok Comittee 

Ordered by the house, that all Lawes now or hereafter to 
be Enacted be Enacted thus, Viz') Lawes made & Enacted by 
Gouerno r & Councill and Generall Assembly. 

The debate about Coll Codd reserved till the Morning. 

The Clarke of this house sent by Docter Brookes m r Pinder 
and m r Sanders to be presented to the Councill to take the 
Oaths of Allegeance and Abhorrency, as Likewise, the Oath 
of Clarke of this house the Teno r whereof was as follows, 
(Viz 1 ) 

You doe sweare that you will well & Truely Execute the 
place & Office of Clk of the house of Assembly, you shall 
true & faire Record keep of the proceedings of the said house 
the secretts thereof you shall not divulge or reveale to any 
person & in all oth r matters & things relateing to the said 
Office you shall ffaithfully to the said place & office be- 

longeth ; according to the best of your soe help &c a 

of Allegeance & Abhorrency before the Councill 

this 

LLewellin Clk. 

Answere to a second Message sent Viz') 

May 1 3" 1 1692. 
As [to the Answer to the second Message to this] house, 
this house does say, be[fore their Honours answer thereto 



Assembly Proceedings, May \o-June 9, 1692. 363 



lered] that a bill of Recognition [of his Maj 175 right Original 
this Pro]vince, alsoe a Bill for Reliefe [against the J° urnal - 



they had ord( 
and title to thi 

Act of Limitations &] alsoe another Bill for Salveing of [all 
errors in proceedings at Law occasioned] by the Late Revo- 
lution ord rd to [be brought] into [this house] by some other 
Members of the said house then the [said Com] mittee, [that 
so] said Comittee for Inspection of the Lawes may [proceed] 
vpon their [charge] from this house in which the most 
materiall [mat]ters in this As[sembly will] be debated & dis- 
patched, therefore they [humbly] desire that wha[t persons] 
his Ex ncy intends to be Assistant to the said Comittee may be 
with expedition sent to them, it being a business that requires 
most [time] and of greatest difficulty, otherwise the said 
Comittee must proceed by themselves. 

Signed p Ord r Hen. Denton Clk Assembly. 

The aboue Message sent by Maj r Smallwood. 

Another Message drawne vp to be sent to the Gouerno r & 
Councill desireing an Answere to a former Message sent 
yesterday from this house. Which was as follows, Viz') 

By the house of Assembly May 13 th 1692. 
This house in a former Message Signifyed to y r Hono rs that 
they had appointed certaine hours of meeting to the End busi- 
ness might be the better expedited, hopeing that your hono rs 
would haue intimated to this house something of the same 
nature Ordered in Councill, whereby a duer correspondency 
might be kept betwixt your hono rs & this house therefore 
humbly require an Answere to it, 

Signed -p Ord r Hen Denton Clk Assembly. 

The same was Read ouer to the house & sent by the hands 
of m r Bigger & m r Wattson. 

Ordered by the house that some care be taken to procure 
the Booke of Entries of Shipping business from Maj r Sewalls 
or elsewhere to be had. 

Voted by the house Nemine contradicente that considera- 
tion be taken of a Supplye for the Support of the Gouerno r & 
Councill and other necessary Supplyes to the Gouernment. 

Message from the house sent to the Gouerno r & Councill 
to request the Booke of Entries of Shipping Business which 
was as follows, Viz') 

By the house of Assembly May 13 th 1692. 
This house does desire that your hono rs will be pleased to 
Cause to be procured (with what convenient dispach may be) 
the booke of Entries of Shipping business from the yeare 86 
to the time of the Revolution, for the pervsall of this house 
Signed -p Ord' Hen Denton Clk Assembly. 



364 Assembly Proceedings, May lo-June o, 1692. 

Original M r Bigger Returnes to the house message sent by 

journal. y m ^ nto ^ e q^ f the Diner. 

The house Adjournes 
Sat 

The house againe mett emtr 5 Viz') M 7 Wattson, M r 

& M r Warner. Comittee County Delegates all 

absent 

Report from the M r W m Dent in a paper. 

Motion made by a yett that any thankes Cap' 

Cood (Agents for the in England for this Countrey 

and the house does vnanimously harry to M r 

Speaker &. Cap c Cood for their & dilige Used 

about the Managem^ of the Publick of this Province 

half of the Countrev in England. 

M r Hewett Enters the house & is told by m r Speaker that 
the Comittee of Elections haue returned him a person vnqualli- 
fied to Sitt as a Member of this house by reason of his being 
in sacred Orders. 

Some of the house desire to be Sattisfyed how the Law 
determines that Matter. 

They desire m r Hewett to giue them a Sermon to Morrow 
being- Sunday. 

The paper from the Comittee of Lawes, delivered to the 
house ordered to be read 

Debated whether the Act for Church Liberties (being the 
first Act therein mentioned should be Entitled as formerly or 
noe, and put to the Vote, whether to haue it in Two Lawes or 
one & Carryed by the Majority of voices to be in one. 

The second & Third Acts in the said Paper mentioned dis- 
allowed. 

Comittee of Elections Repaires to the house w^ the 
Returne following, Viz 1 ) 

May 14 th 1692. 
The Comittee appointed to inspect the Elections & Privi- 
lidges &c a haueing pervsed severall Depositions & papers 
Reiateing to Caecill County finde the Deposition of \V m Ward 
fitt for the Consideration of the house of Assembly. 

Signed p Ord r Peter Dent Clk of the Comittee 

The Deposition of W m Ward order'd to be read w ch was as 
follows, Viz £ ) 

Will" Ward aged about forty fiue years the aforesaid 
Deponen 1 vpon his Oath further declares as follows, Viz : ) 
That at the first Court held for Caecill County after the Con- 
vention held in Aprill xA.nno 1690 M' Edward Jones & M r 



Assembly Proceedings, May \o-June 9, 1692. 365 

George Warner called Caecill County Court & held the same Original 
in the name of the Lord Baltemore, denying the Authority of J° urnal - 
the Late Convention, wherevpon this Deponent vnderstand- 
ing that the Convention had ordered that the severall Magis- 
trates of this Province by the same Confirmed and appointed 
to take the Oath of Magistrates in their Majesties Name did 
in open Court sitting demand the Oath in their Maj ties Name, 
w ch The said vtterly refuse to take, and the said Edward j& 

Jones would Self pleased ; wherevpon the said Oath 

Depon 1 w th others then Comissionated Edward 

Jones, Will m Dare and of the said County withdrew 

the Court House in Caecill they not been pre- 

vented by Saith not. 

that at a Late Court Holden for last past M r 

Edward Jones Subjects openly declare that & 

that for a Word of his he know the people would stand 

William Ward. 

The War makes Oath to what is 

on boath of this paper the 8 th of October 

Before Vs. 

Hen 

Nicho Greenberry 

Rob 1 Mason. 

Moued by a memb' of the house that it may be put to a 
Vote, whether the Accusation brought against Coll Codd be 
Sufficient to Expell him this house or noe. 

The house cause the order of Convention ag' Coll Codd 
and Likewise his Letter formerly read, to be read over againe. 

M r Elias King ordered to Call Coll Codd into the house, 
who accordingly makes his Appearance. 

M r Speaker acqvaints him of the Comittee of Elections 
Report to this house, of seuerall Crimes layd to his Charge, 
which incapacitated him to Sitt as a member of this house. 

The said Coll Codd desires that his Crimes laid against 
him may be made in some sort or other apparent, wherevpon 
was ordered his Letter again to be read, whoe denyes the said 
Letter to be his Act or Writeing. 

M r Harris acquaints the house that he heard Cap' Peregrine 
Browne say Coll Codd did read a Copy of the same Letter, 
read in the house, to him the said Browne. 

Coll Codd desires to knowe if anything Else were Charged 
against him, and then ordered the Ord r of Convention to be 
read again ; whoe after the reading thereof did say, he never 
heard any thing of the said Accusation before. 



366 Assembly Proceedings, May \o—June 9, 1692. 

Original Moued by a member of this house whether the ord r of Con- 
jouma vent j on a g am st Coll Codd shall be taken as good proofe 

against him for those Crimes therein mentioned, laid to his 

Charge, which was allowed. 

Itt was afterwards putt to the Vote, whether he be a person 

quallifyed to Sitt as a Member of this house, which was 

Carryed in the negatiue, and therevpon was dismissed the 

house. 

A Message brought from the Gou r no r & Councill by M r 

Tench read in the house, which was as follows. 

By his Ex ncy the Gouerno r and 
In answere vnto the Mess[age received yesterday from] 
Cap 1 Bigger & M r Wattson, this Board [have appointed to sit 
from ten of the clock in the] Morning to four in [the after- 
noon, between such hours the house may] direct any Message 
[or apply to this Board for Conference upon any] Occasion, 
and the Same [will be readily received and Consented to. 
This Board] haue alsoe Appointed the [honourable Col. 
Jowles, Col. Nicholas Greenberry] and M r John Addison [to 
join in Committee with the Members of] the house of 
Assembly for [inspecting the Body of the Laws of this 
Province] [Signed p r Order John LLewellin CI.] 

M r Edmondson M r Ev for to the house, whoe appeare 

M r Speaker acquaints this house in their behalf, 

as Likewise the Answere to the Same Gouerno r and 

Councill to this house, whereby were well fyed 

that the Cause of their being rendered was by 

the Lawe of England and the Gouer from the 

would not permitt any person to Sitt in house without 

the Oathes and therevpon they were dismissed the 
house. 

M r Hewett was then Likewise dismissed the house, by 
reason of his Ministeriall function, the Lawe in that Case, as 
was afore desired being read in the house, rendering him, in 
the Opinion of the whole house vnquallifyed. 

M r Jones and M r Dare Called into the house. 

Ordered the Returne of the Comittee of Elections about 
Caecill County to be read ouer againe; as Likewise W m Wards 
Deposition ag l M r Jones and M r Dare &c a 

The house is of Opinion that vpon their giueing good secu- 
rity for their good behaviour they may be againe admitted 
into this house. 

Ordered by the house that M r Speaker goe vp to the 
Gouerno r to Giue his Warrant for the issueing forth of New 
Writts of Election in the roome of the disabled Members. 



Assembly Proceedings, May 10-June g, 1692. 367 

The house adjournes for halfe an hower. Original 

The house againe mett and present as before. 

M r Wattson Enters the house, whoe before was absent. Ke 
is ordered to take bond of M r Jones and M" Dare with good 
& Sufficient Securities for their good behaviour. 

M r Wattson giues information to the house that M r Dare 
refuses to giue Security, and there vpon was Voted out of the 
house. 

Ordered by the house that the said Dare be taken into 
Custody for his Contempt to this house, Viz*) 

By the house of Assembly May 14 th 1692. 
Ordered that the Officer that attends this house in the 
nature of Serjeant att Armes imediately take into his Custody 
the Body of W m Dare of Caecill County that he may appeare 
here on Monday Morning next to answere the Contempt of 
this house. 

Signed p Ord r Hen Denton Clk Assembly. 

The house "Clock on Monday Morning Next. 



absent these following Memb* Uiz 1 ) dome on 

Saturday. 

to M r Hewett & M r Clayland 

be made to the said M r in this house, dureina 

orning & preach on Sundayes vpon the aboue 

Message. 

those Gentlemen of the Councill that the 

Comittee of Lawes to acquaint them that Roome 

abo in the State house is appointed & fitted vp for 

Comittee in, & that they are now ready to pro- 

ceed on their 

Cap* W ington & M r Boothby to the house, and 

doe say, that the Gouerno r desired them to acquaint the 
house, that those Gentlemen appointed out of the Council to 
joyne in assistance with the aforesaid Comittee, would repaire 
to the State house presently. 

M r Dent, M r ffinney & M r Wheeler returne and acquaint 
the house of M r Hewett & M r Claylands acceptance of their 
Message, and doe say will be ready att the State house every 
Morning, to say divine Service vpon the Beate of the second 
Drume, dureing this Sessions of Assembly. 
M r Phillip Clarke Enters the house. 

Voted by the house that the Act for Liberty of Conscience 
be Confirmed. 



368 Assembly Proceedings, May \o-June 9, 1692. 

Original M r Dare sent for to the house whoe makes his appearance. 
journal. jyj r 5p ea j cer acquaints him w' h his Contempt for refuseing 
to giue Bayle according to the Order of this house. 

The said M r Dare for Excuse does say, that vpon his being 
demanded to giue security by the Gentleman sent from this 
house, he did refuse the same at that time, being a little Sur- 
prized, but vpon recollection afterwards did seeke after the 
said Gentleman, and Could not finde him, to the End to giue 
Security, according to the Order of the house, and now does 
say, he is willing & ready to doe the same. 

Ordered by the house that vpon the said Dares Entering 
into Recognisance to be indebted vnto our Sou r aigne Lord 
the King in the Sume of Twenty pounds Sterl: vpon ace 1 of 
his good behaviour &c: before some one of his Maj ties Justices 
of the peace &c a he be discharged, paying his ffees &c. and 
the house therevpon ordered him to pay vnto the Serjeant att 
Armes the Sume of two hundred pounds of Tobacco. 

The said M r Dare Enters into Recognisance, as aforesaid, 
in the aforementioned Sume, before M r Wattson one of his 
Maj ties Justices of the Peace for the City of S' Maryes, and 
there vpon is discharged paying his ffees. 

Ordered by the house that all the by vertue of the 

petition from this pay vnto the Clerk of this house, 

the sd. Clk may not be disap him as afore- 

said, his Ma desired to giue a List of the Clerk 

aforesaid. 

Ordered likewise that Clerk of this house as a 

acco Except such as are 

The house againe me 

Voted that a Clerk assista for the Coppying of all 

Mat of regu 

M r Peter Dent Chosen Clerk ass the house 

The house Enters againe vpon the Debate Grievances 

merly Reported from that Cofnittee animously 

agre hat these following Articles be sent Comittee 

of Law order to be drawne vp into Acts, which are as 

follow, Viz' 

By the house of Assembly May 16 th 1692. 
Ordered that the following Articles be drawne vp into 
Lawes, Viz' 

1. That the number of Ordinaries be ascertained in each 
County. 

2. To Lay the Province into Parishes, and that care be 
taken for provision for the Clergy. 

3. That Wills be proued & Administrations granted in the 
County Courts by deputies appointed in each County. 



Assembly Proceedings, May \o—June 9, 1692. 369 

4 That Two hundred pounds of tobacco p diem be allowed Original 
to Each Burgess for his owne & mans Charges: and itinerant J° urnal - 
Charges for Boates & horses left to the Comittee of Laws, by 
this house to Consider off 

Signed p r Ord r Hen Denton Clk Assembly. 

The aboue Order deliuered to M r W m Dent, for him to 
Comunicate to the rest of the Comittee. 

All the other Grievances, in the Report of that Comittee 
mentioned were rejected, Saue the fourth Article which was 
putt to the Vote ; and Voted by the house whether the State 
house and Provinciall Courts kept here in S' Maryes, be a 
Grievance or noe, and Carryed in the Negatiue. 

Voted againe whether the said Vote shall be reassumed the 
next Sessions of Assembly or noe which was carryed in the 
Amrmatiue. 

Likewise the Eighth Article concerning Docto rs & Chirur- 
geons Voted to be referred till the next Sessions of Assembly. 

The house Adjovrnes till to Morrow Nine of the Clock. 



Tuesday May the 17 th 1692. 

The house againe mett & Called ouer and were absent 
these following Memb rs (Viz 1 ) M r Smith & Gentlemen of the 
Comittee of Laws. 

Then was read ouer what was done yesterday. 

Message from the Comittee of Lawes deliuered in the house 
by m r Speaker ord d to be read, which was as follows (Viz') 

Vpon de inspection of Laws May 17 th 1692. *p 

no §'g' ti es & the Imposition of Two Shillings 

Comittee, that as well an hoggshead & the fourteen- 

pence being of the Lawes, as the accrue, and to 

that End pelled to giue an account Exported 

out of this Province to the Revolution. 

soe that they may comunicate on soe that if 

it be approued Navall officers before 

Lomax Clk Comittee 

Voted Coll Da Sewall (together with the Navall 

Officers) be sent attend this which was done in 

the following Ord r as follows Viz' 

By the house May 17 th 1692. 

Order by this house that Darnall & Maj r Nich- 

olas Sewall doe att or before Saturday next attend this house 
with their Bookes of Entries of the Impost of the Two Shillings 



370 Assembly Proceedings, May \o-June 9, 1692. 

Original p hhd and I4 d -p Tonn since the Lawes for those duties haue 
jouma. b een j n f orce) j n or fr to re nder an Account of the Same, 

Signed -p Ord r Hen Denton Clk. Assembly. 

By the house of Assembly May 17 th 1692. 
Ordered by the house, that the Navall Officers bring in 
their Accounts since the time of the late Revolution within this 
Province, the same to be done at or before Munday next. 

Signed p Ord r Hen Denton Clk Assembly. 

M r Greenfield sent from the Comittee of Lawes w th the fol- 
lowing Message which was read as follows, Viz 1 By the 
Comittee for inspection of Lawes May 17 th 1692. 

The Comittee being informed that M r Lynes hath paper & 
paper being very scarce & much wanting to proceed about the 
Engrossing of the Lawes, would desire that a messinger may 
be sent to M r Lynes to see to procure some, Soe that there 
may be noe delay about the same. 

Signed -p Ord r Cleborne Lomax Clk Comittee 

The said Message sent by m r Hoskins & m r Wheeler in 
order to Treate with m r Lynes about the s d matter. 

A Serjeant att Armes sent for to take Care to see the afore- 
menconed Ord rs conveyed away in ord r to be Served. 

Voted that an Act of oblivion be drawne vp. 

Message to the Comittee of Lawes, drawne vp & read as 
follows, Viz' By the house of Assembly, May 17 th 1692. 

Itt is the sence of this house concerning the Article for pro- 
bate of Wills and takeing out Letters of Administration, that 
some easy way may be thought vpon, for the Ease of the 
People of this Countrey that they may not be troubled to 
Travell downe to S' Maryes to prove Wills & take out Letters 
of Adm racon 

Signed p r Ord r Hen Denton Clk Assembly. 

M r W m Dent with the rest of the house and their 

Report read ouer. 

M r Peter Dent sent for Serjeant att Armes 

Ord rs now delivered to goe vpon the said 

Voted that the Lawe for 

Vpon reading the Act erning Negroes & Slaues 

put shall be putt to the vse of the 

M r Wattson ordered as the oath of Clk assistant 

to M r 

Sayes he has administred giuen the Clk, of this 

house 

The Lawe for makeing Warr or peace beyond the 

Limitts of this Province and Leavying for defray 



Assembly Proceedings, May \o-June 9, 1692. 371 

the Charge thereof, Voted whether to Con and Carryed Original 

in Negatiue. Jouma . 

Ordered that a Comittee of accounts • appointed next 
and to the End Notice thereof may be giuen to all 
persons Concerned, the order of the house is to be posted, 
concerning the same, att every Ordinary keepers Dore, The 
Teno r whereof was as followes Viz' 

By the house of Assembly May 17 th 1692. 
This house does giue Notice that a Comittee for Inspecting 
of Ace" will goe forth on Monday next and all persons con- 
cerned are hereby Ordered to prepare all Matters of Acc ts 
they haue to bring in by that time, 

Signed *p Ord r Hen Denton Clk Assembly. 

Petition of M r Tench (concerning the Erecting of Water 
Mills) read and allowed of, and thought by the whole house 
to be a very Necessary and convenient Lawe, and therefore 
ordered the same to be renewed. 

The request of the Pet r was Likewise granted, with an ord r 
for a Clause to be incerted in the said Act in favour of the s d 
Petitioner, according to the desire of his Petition. 

Ordered that a bill be brought in for the Encourageing of 
the breed of Horses. 

Ordered (by way of Informacon) that the Justices of euery 
County p r sent a person to the Secretary to be their County 
Clerk the house thinking th' the properest meanes & way to 
gett p r sons fitting & quallifyed to serve the Countrey. 

Ordered that a Law be made for the killing of Wolves, and 
the Encouragem' for doeing the same is Left to the Comittee 
of Laws to Consider off. 

Ordered that a bill be brought in against the Exportation 
of Deere Skins either Raw or dressed, and the same refferred 
to the Comittee of Laws. 

The house adjournes till to Morrow morning Nine of the 
Clock. 

Wednesday May 18 th 1692. 

The house againe mett, and called ouer, & were absent 
these following Memb rs Viz' . . 
M r Smith I M r Ashman \ 

M r Pindar J M r Wattkins J and The Comittee of Lawes 
Then was Read what was done Yesterday. 
M r Hosk of Lawes, and ordered by the house that 

morning ; sent by the said M* Hoskins 
Province without the Consent 
the said Act was againe read. 



372 Assembly Proceedings, May \o-June 9, 1692. 

Original shall pass as it is now drawne added to the Act 

jouma . Q £ j^ e ]jgj orl) j n f Voices that the Priviledges 

Religion in the roorne thereof. 

Coll Robotham and Cap' Courts, w ch Assembly 

May 18 th 1692. 

desire of Assembly and desire their 

Chamber forthwith. 

Signed -p Ord r John LLewellin Clk 

Voted the house shall the said Conference, or 

Returne an Answere to know what occation they are 

Called to the same, and resolued that an Answere be drawne 
vp & sent which was as follows, (Viz') 

By the house of Assembly, May 18 th 1692. 
This house is ready to Waite vpon y r Hono rs to joyne in 
conference according to the desire of the Message last sent, 
but first are willing to knowe the Subject Matter vpon which 
the s d Conference is desired. 

Signed -p Ord r Hen Denton Clk Assembly. 

the same was sent by Cap' Hamond & M r Wattson. 

An Act for the Publication of all Lawes within this province 
for the future, read and passed the house the first reading: 

An Act prohibiting fforraigne Engrosers read, and passed 
the house the first reading. 

An Act for takeing away all Erro rs in Proceedings in Law 
& Equity & in the Court for probat of wills occasioned by the 
Late Revolution & for Reliefe ag' the Act of Limitations, read 
& passed the house the first reading 

An Act of Recognition of their Sacred Maj ties Right and 
Title to the Province of Maryland read, and passed the house 
the first reading. 

An Act for the service of Almighty God and the Establishm' 
of the Protestant Religion in this Province, read and passed 
the house the first reading, with some amendm' 5 to be referred. 

Message from the Gouerno r & Councill brought by Coll 
Hutchins & M r Brookes, which was read as follows, Viz' 

By his Ex ncy the Gouerno r and Councill in Assembly May 

18 th 1692. 
Att the Conference the Subject Matter will be declared. 
Signed p Ord r John LLewellin Clk. 

M r Speaker with the rest of the members of this house goe 
vp to the Councill Chamber to joyne in Conference with that 
board, from whence after a short time there spent, they re- 
turne to the State house & Take their places. 



Assembly Proceedings, May lo-June 9, 1692. 373 

An Address to their Maj ties from this house drawne vp & Original 
read, & vnanimously assented to. Journa . 

Message to the Gouerno r & Councill Drawne vp and read 
as follows, Viz' 

By the House of 
This house does humbly de[sire the Concurrence of your 
Honours to this Address] in order to be sent to their [Majes- 
ty's] 

[Signed pr order, Hen. Denton CI. Assembly.] 

This Message was 

An Act for the preser read and passed the fir 

John Ouldson & Mathias but of outlandish Nativi 

may be Naturalized & ma 

Ordered that an Act the Request of the Pe 

sent to the Gouern r and M r Dorcey for their ap 

An Act for the publication of [all laws within this province] 

An Act for prohibiting forraigne [ingrossers] 

An Act for the preservation [of the sever] all Harbours to 
this Province 

M r Hamond & M r Dorsey return Say they delivered 

Acts into the Clk of the Councills hands. 

Sent to the Governo r and Councill these following Acts by 
m r Harris, M r Ridgley, M r Hamond, M r Wattson, & M r Hos- 
kins, viz' 

An Act of Recognition of their Sacred Maj ties Right & Title 
to the Province of Maryland. 

An Act for the Takeing away all Erro rs in Proceedings &c a 
& for Reliefe ag' the act of Limitations &c a 

Message from the Comittee of Lawes brought by Maj r Tripp, 
and was as followes Viz' 

By the Comittee for inspecting the Laws May 18 th 1692. 

This Comittee received a Message sent by Cap' Phillip 
Hoskins and there in the Order of the house that a Bill be 
brought in for the Encourageing the breed of Horses ; this 
Comittee are of opinion that too many are already in the 
Province, and rather than Encourage wee are Contriueing 
how to lessen the Number & better the breed of them, but if 
they must be Encouraged, to know by what Methods the 
same must be done. 

Signed *p Ord r Cleborne Lomax Clk Comittee 

The house Adjournes till to Morrow Morning Nine of the 
Clock. 



374 Assembly Proceedings, May \o-June 9, 1692. 
Original Thursday May iQ th 1602. 

Journal. ' J ' J 

The house againe mett & were Called over and were absent 
these following Memb rs Viz' 

M r Smith M r Ashman ) 

M r Pinder M r Wattkins \ 

M r Mason J and Comittee of Laws. 

Message from Gouerno r and Councill delivered into the 
house by m r Speaker which was as follows 

By his Ex ncy the Gou r no r & Councill in Assembly May 18 th 
1692. 

This Board readily concurr with the Message of the house 
Last sent hither by m r Dent, Maj r Tripp, and m r Whittington 
in Addressing theire Maj ties as desired. 

Signed p ord r John LLewellin Clk. 

Putt Gen 11 pardon shall take place in this Prov- 

ince or 

M r Dent of Lawes and p r sent to the house to 

their Charge againe. 

accordingly appeare. 
Income shall be allowed 

raised by the yearly Assesm ts Taxable in Each 

parish, worth fifteen thousand pds Majority of 

Voices that fforty pounds of Tobacco -p poll 

againe. 

An [act] for the [service of Almighty] God, & the Estab- 
lishm' of the protestant [Reli]gion in this [Province] passed 
the house the first reading. 

The said was sent to the Councill by m r 

Hoskins & M r Wheeler whoe re & say they deliuered 

the same. 

An Act prohibiting the Transportation or Sale of their 
Maj ties Ordinance or Amunition &c: Read & passed the house 
the first Reading. 

The said Act sent by m r Mason & Maj r Smallwood to the 
Gouerno r & Councill. 

Message from the Gouerno r & Councill brought by Coll 
Hutchings & Cap 1 Courts which was Read as follows, Viz' 

By his Ex ncy the Gouerno r and Councill in Assembly 
May 19 th 1692. 
The Bill for takeing away Erro rs in proceedings &c a and for 
Releife ag' the Act of Limitation hath been twice read, and 
approued off, as very Necessary to be passed into an Act. 



Assembly Proceedings, May io-June 9, 1692. 375 

but they are alsoe of Oppinion, that it ought to take place Original 
from the begining of the Revolution which was In the Month J° urnal - 
of August Anno Dom. 1689 

Signed p ord r 

John LLewellin Clk. 

An Act touching Indians, read & passed the house the first 
reading. 

An Act for the more Speedy Bringing to Tryall & Sup- 
pressing Criminalls & Limitting theire punishments for cer- 
taine Offences when -psecuted in the County Courts, read & 
passed the house the first reading. 

An Act ag' Hoggstealers & marking of Hoggs, read & 
passed the house the first reading. 

An Act for Limitation of Certaine Actions for avoideing 
Suites att Law read & passed the house the first reading. 

The said Acts were sent to the Gou r no r & Councill by m r 
Tasker & M r Hamond. 

M r Mason & Maj r Smallwood returne & say they deliuered 
the Message sent by them. 

Coll Robotham & M r Brookes come from the Gouerno r & 
Councill & Acquaint this house that severall Acts sent them, 
had been read & passed that board, & with all desire them 
when they are returned hither they may receiue Two Read- 
ings more & soe be remitted back to that board again for a 
finall approbation & passing. 

Maj r Sewall makes his Appearance of this house, and 

does informe Bookes of Entries of Shipping 

An Act for Restraining the unreasonable increase of 
horses]. to the vote whether the Negatiue. 

The Comittee of in a full house. 

An Act for takeing ag l the Act of Limitation 

reading. 

Ordered by the house be Printed and that one 

& recorded. 

Coll Browne & Cap 1 Cour Act yesterday sent that 

An Act of Recognition] of [their Majestys right and title 
in this] Province of Maryland read & passed reading 

An Act prohibiting fforraigne [Engrossers] passed the 
house reading 

An Act for the preservation [of the sever] all harbours w th in 
[this Province] read and passed the house the Seco 
reading. 

An Act for Limitation of Certaine actions for avoiding 
Suits att Law, read & passed the house the second reading. 

M r Hamond & Docter Brookes sent to the Gouerno r & 
Councill with the last mentioned Acts. 



376 Assembly Proceedings, May \o-June 9, 1692. 

Original M r Wynne absenting himself from this house without Leave 
jouma . Q £ ^ gp ea k er j s therefore by the Ord r of the house fined in 
the Sume of 100 pds of Tob a 

An Act for makeing high wayes, and makeing the heads of 
Riuers Creekes Branches or Swamps passable for horse & 
foote, read & passed the house the first Reading. 

An Act for the Enrollm' of Conveyances and secureing the 
Estates of purchasers, read and passed the house the first 
reading. 

The Two Last Acts sent to the Gouerno' & Councill by 
Docf Brookes & M r Ennalls. 

The house adjournes till to Morrow Morning Nine of the 
Clock. 

ffryday, May 20 th 1692. 

The house againe mett & were Called ouer, & were absent 
these following Memb rs Viz' 

Maj r Smallwood ) M r Wattkins \ 
M r Ashman j M r Smith j 

Then was Read what was done Yesterday. 

M r Wynne excuseing his absence yesterday, to the house, 
desired his ffine might be remitted, which was accordingly 
done. 

M r Mittchell Requests the Leave of this house to goe home, 
in order to send after three Servants of his that are rune away 
from him, which is granted him vpon Condition he returne on 
Monday next. 

The Comittee of Lawes goe out vpon their Charge. 

M r Griffith Jones sent for to Attend this house. 

These following Acts, drawne vp brought into the house, 
Viz 1 

An Act ag' Burners of ffences read & passed the house the 
first Reading. 

An [Act securing Merchants and others] Tobacco after they 
haue received it, read & 

An Act [declaring what shall be done] by the Sherriffe 
ex officio, 

[An Act prohibiting arrests on Sabboth days] & dayes of 
Generall Mustering 

passed the house the first reading. &c a and for 

Reliefe against the third reading, 

read as follows, Viz' 

20 th 1692. 
This pleased to expeditt those bills ready to 

goe vpon the 

enton Clk Assembly. 



Assembly Proceedings, May \o—June 9, 1692. 377 
An oth & Councill w ch was read as follows, Viz' Original 

Journal. 

By the May 20 th 1692. 

This hou[se do] humbly conceive [th]at the Stile appointed 
to be giuen the Lawes of Province being contrary to the 

President of all our Neighbouring Plantations, doe humbly 
desire your Hono rs Concurrence with this house in the Stile- 
ing of them after the Example of Virginia or Jaimaco, the 
same being approved off in England. 
Signed p Ord r 

Hen Denton Clk Assembly. 

The aforesaid Acts & Messages were sent to the Gouerno r 
& Councill by m r Wynne, M r Mason, M r Tasker, M r Hoskins 
& M l Bigger. 

They returne & say they delivered the said Message as to 
the first that those Bills should be Expedited, & that to the 
other an Answere should be returned the next Morning. 

M r Griffith Jones comes to the house, and is by them 
desired to Assist in the Engrossing of the Laws, who accepts 
thereof. 

Cofnittee of Lawes repaire to the house, and bring in theire 
Report, which was ordered to be read. 

In reading the same it was ordered that a penalty of one 
thousand pounds of Tobacco should be putt vpon every 
person Neglecting to gett his Stilliards yearly Stamped by 
the Standard. 

That Likewise the Act concerning Proceedings att Law be 
drawne anew, leaveing out the Last Clause. 

Voted whether the Act concerning those Servants which 
haue Bastards, shall stand as it is in the old Law, without 
amendm' or noe & carried in the Negatiue. 

That in the Act for Erecting a Court house & prison in 
Every County the ffine be made fiue Thousand pounds of 
Tobacco only, to accrew towards the Use of building a Court 
house. 

That in the Act for Limitation of Officers fees, the words 
(and recording) be annexed to the word, fileing. 

Ordered that every County pay the itinerant Charges of 
their owne Burgesses that Attend. 

Put to the Vote whether the Gouerno r fnfty Thou- 

sand pounds of Tobac publick Charge of the Province, 

without and carried in the Nega 

That in the Act for Exception for Mer 

Voted whether the the County Courts shall 

That the Severall the next Sessions of 

Voted whether Out (by the Cofhittee) offe 

Carried in the Affirmatiue 



37 8 Assembly Proceedings, May 10- June 9, 1692. 

joanud 1 ^ hat tlie ^ ct for the next Sessions of Assembly 

The ho Mor Nine of the Clock 

Satvrday 

The house again mett & were and were these 

following members Viz' 

Maj r Smallwood "] 
M r Mittchell 1 

M r Smith ( 

M r Ashman J 

Then was read what was done Yesterday. 
Message to the Gouerno r & Councill drawne vp, and read 
as followes, Viz' 

By the house of Assembly, May 21 th 1692. 
This house being now ready to goe vpon the Debate for 
settleing an Allowance for the Support of the Gouernm' and 
being willing to informe themselves of the yearly Revenue of 
the Imposition of the 2 d p hhd doe therefore humbly desire 
your Ex ncy will be pleased to pmitt M r LLewellin to come 
downe to this house for some small time, and that he may 
bring along with him the severall Accounts by him taken from 
the Navall Officers of this Province, to the End they may be 
rightly informed about the same. 

Signed p Ord r 

Hen Denton Clk Assembly. 

The said Message was sent by m r Hamond & M r Dorcey. 

An Act relateing to the Seisure of Tobacco by the Sherriffe; 
read and passed the house the first reading. 

M r Hoskins moues the house that he may haue leave to goe 
home vpon some Urgent occasions that calls him thither, 
which was granted him vpon Condition he returne on Tuseday 
morning Next. 

Ordered that 1 50 1 tob: be allowed to the Comissaries Dep ty 
of each respectiue County for his ffee for granting out Lett rs 
of Administration and proveing of Wills, but in Case the 
Estate doe not Exceed 2000 1 tob - the ffee shall be 50 1 tob onely. 

Message to the Governo 1 & Councill drawne Vp, and read 
as follows, Viz' 

House of Assembly May 21 th 1692. 
This house [do think it convenient that every] County 
Court with in this Province should [have an Escutcheon and 
seal with his] Maj ties Coate of Armes thereon, & [do] there- 



Assembly Proceedings, May 10-June 9, 1692. 379 

[fore humbly desire your Exc y will] be pleased to giue ord r Original 
for [the same to be brought in, and that the name] of the J° urnal - 
County to which each [seal shall belong, be put round the 
said seal], and the Charge thereof [this house has ordered 
shall be reimbursed by the] said Countyes. 

[Signed pr. Order, Henry] Denton Clk Assembly. 

passed the house the first reading. 

& Councill by M r Hawkins M r M r this 

house to the Gou r no r and in the Address drawne vp 

Maj in the brought Coll which 

was read as follows Viz 1 

his Ex ncy in Assembly May 20 tK 1692. 

The Sev[eral Bills] herewith sent, viz: The Act of Recog- 
nition &c The Act ag' hog[stealers] &c: The Act for preserva- 
tion of the severall harbours &c a 

The Act for Inrolm c of Convayances &c: The Act for 
makeing high wayes &c a The Act for takeing away Erro rs 
&c. and the Act for Limitation &c: haue been here read & 
Considered by the board whose opinion therein they think fitt 
to Signifie to the house as foil, viz' As to the Act of Recog- 
nition &c: they conceiue it necessary that the preamble 
thereof were better Excluded, and the Recognizeing part 
onely taken notice off according to the president & Examples 
of England and our Neighbouring Collonies, that the same 
may appeare to proceed from Us freely without any Sinnister 
end or Condition of covenant induceing therevnto. The Act 
ag'hogstealers particularises noe penalties to be inflicted vpon 
the Offend" for breach thereof but refers to former Acts, which 
seemes to this board to be altogether insignificant, All the 
Lawes of this Province in generall formerly made being now 
abolished and of noe force also for the better & more easie 
discouery of Criminalls in that & other matters of Like import 
Viz' In all cases of petty Larcenys & Stealing of provisions 
or other goods it were convenient that the Onus proband! lye 
vpon the party charged & in whose Custody any such may be 
found that in Case he or she cannot Sufficiently proove & 
make appeare when where and how they came by the same it 
shall be a Sufficient conviction of the Crime, and the punishm' 
to be better considered off, and reduced to fine servitude, or 
otherwise as shall be thought fitt and more agreeable to the 
Lawes of England. In the Act of Inrolm' of Conveyances 
&c: there is a certaine fee granted to the Clk: which (as in all 
other Acts now to be drawne) This board desires may be 
waved by the house, as a Matter wholly vested by their Maj ties 
in the Gouerno r with advice of his Councill. To the Act for 



3S0 Assembly Proceedings, May \o-Jtme 9, 1692. 

Original makeing high wayes &c It is- desired & thought necessary 
joama . ^^ & Q ause b e ac [d ec i therevnto Impowering the Comiss rs of 
every County Court to direct & appoint what road & paths, & 
how & in what manner to be amended &. repaired, as they in 
their discretion shall think fitt. And Generally The house is 
desired & advised to rend r all their Lawes indefinite as a 
matter pticularly recomended to his Ex ncy by their Maj ties in 
their Instructions to him. 

With these amendm ts and regulations this board is willino- 
to Concur with the house in passing the sd Bills, & desire to 
Conferr with them, concerning these and the rest of the bills 
now before them Signed p Ord r 

John LLewellin Clk. 

Message to the Govern r & Councill drawne 

By the house 
This house does desire that [your Exc y will be pleased to 
appoint] Munday Next for the Conference Mentioned in 
your last Message hither at which] time they will be ready [to 
attend the same.] 

The said message and say they deliuered the 
Ordered by the house Brookes, M r M r Boothby 

&M r 

Message from the & Coll Browne, 

By his Ex ncy the [Governor & Council May the 21 st ] 1692 
Monday next is ap [pointed tor the Conference, and the 
House is] desired to x\ttend his Ex ncy & this [Board in the 
Council Chamber at] Eleaven a Clock in the forenoon of [the 
same day]. Signed [p r order] 

John LLewellin Clk. 

By his Ex ncy the Gouerno r & Councill May 1692. 

These following Bills Viz c for secureing merchants & others 
Tobacco prohibbitting Arreastes on the Sabbath dayes &c: 
Declareing what shall be done by the Sherriffe ex officio Con- 
cerning the height of ffences, against Burners of ffences, Re- 
lateing to the Seisure of Tobaccoes by the Sherriffe, Concern- 
ing Negroes & Slaues, and Restraining the Unreasonable in 
Crease of Horses &c: haue all been once read here. 

As to the Act concerning Negroes, itt is the Opinion of this 
Board that the imposeing Slauery on the Children seems too 
severe, and rather propose the Limitting their time of Servi- 
tude to Thirty one yeares as formerly. 

The rest of the aforesaid Bills (except that for restraining 



Assembly Proceedz?igs, May \o-June 9. 1692. 3;: 

the increase of Horses ("which is referred to the conference) Original 
are herewith remitted to the house without alteration. .--■-■=■■ 

Signed -p ord r John LLewellin Clk 

These following Acts read &c: 

An Act for secureing merchants & others tobacco after they 
haue received it, read & passed the house the second reading. 

An Act relateing to the seisure of Tobacco by the Sheniffe, 
read and passed the house the second reading. 

An Act declareing what business shall be done by the 
Sherriffe ex- officio, read & passed the house the second read- 
ing. 

An x\ct concerning the hight of ffences read & passed the 
house the second reading 

An Act ag" Burners of ffences, read & passed the house the 
second reading. 

An Act prohibiting Arreasts on the Sabath dayes and Daves 
of Generall Muster or Training read & passed the house the 
second reading. 

An Act for makeing high wayes & makeing the heads of 
Riuers Creekes branches or Swamos passable for horse & 
foot, read & passed the house the second reading. 

An Act for the preservation of the Severall Harbours within 
this Province, read & passed the house the third reading. 

An Act [against Hogstealers] & marking of Hoggs, read 
& passed the house the second 

An Act for [limitation of certain actions, and] for avoideing 
Suites art Lawe 

M r Boothby to the Gouerno 7 & 

Nine of the Clock. 

were absent these following 
by M r Dent, and or 

An Act and passed the house the i f reading 

An Act [imposing a penalty on all such] who shall dispose 
of Tobacco Seized & re[ceived by] the Sherjlff, read] & 
passed the house the first reading. 

An Act [for A]merciaments in the [Provincial] & Counts- 
Courts, read and passed the house the first reading. 

An Act for punishnr of certaine offences comitted ag* the 
peace See? read & ordered that the Statute of perjury be 
drawne in the roome thereof. 

Voted by the house Nemine contradicente, that it is the 
Undoubted Rig-ht of the ffreemen of this Province not to haue 
any ffees imposed vpon them but by the Consent of the ffree- 
men in the Gen 11 Assembly. 



382 Assembly Proceedings, May \o-June 9, 1692, 

original M r Speaker with the rest of the Members of the house 

■» ourna - appointed goe vp to the Councill Chamber vpon the Con- 

ferrence appointed Saturday Last, where they were admitted. 

M r Speaker acquaints his Ex ncy that he was appointed by 
the house with severall other Gentlemen to attend their 
Hono rs to giue them Sattisfaction in Relation to the Message 
sent them on Saturday, and as to the greatest part of the 
said Message he was ready to Complye with their Hono rs 
therein, but as to that part relateing to Officers ffees, the house 
had giuen him in Charge to acquaint their Hono rs that they 
had fully searcht into that Matter, and vnderstanding all things 
pertinent to that question haue Unanimosly declared that it 
is the Undovbted Right of the ffreemen of this Province, that 
noe Officers ffees ought to be imposed vpon them but by the 
Consent of the Representatives in an Assembly, and that this 
Liberty was Established & assertained by severall Acts of 
Parliam 1 the Authority of which is soe great as to receiue noe 
answer, but by repeale of the said Statutes ; & produced the 
same with severall other Authorities to which the Gouerno" 
Answere was: that his instructions from his Maj ties was to 
lessen & moderate the Exorbitancy of them, and not to Settle 
them, to which M r Speaker Replyed that they were thankfull 
to his Maj' ie for the same, but withall did desire that noe ffees 
might be Lessen'd or advanced, but by the Consent of the 
Assembly to which the Gouerno r agreed. 

As to the Makeing the Lawes perpe that board, that 

they were ready as it might be agreeable to the 

being in its infancy & the often altering of the 

His Ex ncy presents to M r Courtney all reco- 

mends the pre Masters towards their this house 

for some abuse received 

M r Wynne Mooues the Lawes and it was agreed 

King and Queens most 

The Act about the his Ex ncy to be read which 

Councill. 

His Ex ncy thinks it Nee should be agreed vpon for the 

Cutting [of horses] the which was Ex ncy to appoint. 

Then Likewise it was agreed & Consented to that all ffines 
& fforfeitures to the King should be Leavyed by way of 
Execution. 

The aforesaid conferrence being ended, M r Speaker with 
the rest of the members returne to the State house, & Take 
their places. 

The generall thankes of the house is Voted to be giuen 
M r Speaker for his prudent Managem' of the aforesaid Con- 
ferrence before the Gouerno r & Councill this day. 



Assembly Proceedings, May \o-June 9, 1692. 383 

An Act concerning Negroes and Slaues, read the Second Original 
time, and putt to the Vote whether in the Act for Negroes J° Qrnal - 
and Slaves, a Clause should be added for the Releife of 
Slaues ag c the severity of their Masters, in Case of Dismem- 
bering, or that the same be drawne vp in a Law by it Self, 
and Carried by the Majority of Voices that a Clause be added 
to the said Act in that behalfe. 

Message from the Gouernor & Councill brought by Coll 
Hutchings & Coll Browne which was read as follows Viz' 

By the Gouerno r & Councill in Assembly May 23 th 1692. 

With the Severall Bills herewith sent, This board recom- 
mend to the house the severall amendm ts or alterations 
treated off at the Conference, particularly in the Acts for 
hogstealers & that for the speedy bringing to tryall & Sup- 
pressing Criminalls &c. the party with whom the thing 
stolen shall be found may be obleiged to prooue how when & 
where he or shee came by the same and for want of such 
proofe to be Convicted &c: The Act for p r servation of the 
harbours &c a the obliteration in the terminatiue part rendring 
it deficient & imperfect ought to be amended but more neces- 
sarily & reasonably totally Excluded in this as in other Acts 
to be passed this Sessions for the good & benefitt of the 
Countrey. In the Act for marking high wayes & c a Clause 
to be added imposeing a penalty on the Surveyo" as well as 
on the Commissioners for] their Neglect, A Law to be made 
restraineing the [barbarous and inhuman usage] of Negroes 
& Slaues by their Mast rs in this Countrey, The time for 

[cutting horses to be in six weeks after] taken vp & their 
Stature [to be adjudged by the next magistrate, a] Law to be 
provided for [securing their Majestys dues, fines, forfeitures] 
&c. what other amendm ts [were treated of or shall be thought 
necessary] The house is desired to [consider of and proceed 
accordingly] -p Ord r 

[John] LLewellin Clk. 

The in the severall bills follow 

house the Third reading. 

An [Act for payment of fees due from] Criminalls &c. 
Read the 2 d time. 

An [Act for restraining the unreasonable increase of] 
horses read the second time. 

The sent by m r Wynne. 

An Act [relating] to [the seizure of Tobacco] by the 
Sherriffe, read the third time. 

An Act the read the third time. 



384 Assembly Proceedings, May \o-June 9, 1692. 

Original An Act [for] enrollm' of Conveyances] secureing the 
journa . g states f p Urc hasers read 2 d & 3 d time 

An Act for [securing] Merchants & other Tobacco after 
they haue received it read the 3 d time. 

An Act for Limitation of Certaine [actions] for avoiding 
Suites att Law read the third time. 

An Act prohibitting Arrests vpon Sabath dayes & days of 
gen 11 Must' or Training read the 3 d time 

An Act prohibitting Commission", Sffes, Dep 17 Sffes, Clks 
& Dep' y Clks to plead as Attorneys in the respective Counties 
read & passed the house the first reading. 

An Act prohibitting Trade with the Indians for any fflesh 
dead or alive excepting Deere or wilde fowles, read and 
passed the house the first reading. 

An Act appointing Coron rs in each County read & passed 
the house the first reading. 

An Act for makeing high wayes & makeing the heads of 
Rivers, Creekes, Branchs or Swamps passable for horse and 
ffoot, read the third time. 

An Act for Regulateing Ordinary Keepers & Limitting the 
Number of them within this Province, read & passed the house 
the first reading. 

The aforesaid Bills were sent to the Gouerno r & Councill 
by M r Boothby & M r King. 

Severall Bills brought into the house by M r Dent & ordered 
to be read, Viz' 

An Act provideing what shall be good Evidence to proue 
fforraigne Debts, read and passed the first reading. 

An Act for publishing of the Laws, read & passed the 
house the first reading. 

An Act for Encouragm' of such persons as will vndertake 
to build Water Mills, read and passed the house the first 
reading. 

The same were sent to the Gouerno r & Councill by M r 
Boothby. 

Comittee of Acc ts appointed & ordered to goe forth, which 
were as follows, Viz' 

M r Mason M r Pinder ) 

M r Hamond Maj r Tripp V 

M r Harris Cap' Whittington J 

The house Adjournes till seaven of the Clock. 

The house again Mett and present as before. 

Message from the Gouerno r and Councill with Severall bills 
brought into the house. 

By his Ex ncy the Gouerno r & Councill in Assembly May 
23 th 1692. 



Assembly Proceedings, May \o-June 9, 1692. 385 

This Board according to the request of [the house have Original 
sent them the] Severall Bills before them some few onely Journa ' 
[reserved for further consideration], Act ag c Hoggsteal rs is 
not provided for as to [the point of proof, as was agreed on. 
It is desired that either] in this or that other [Act for the more 
speedy bringing to trial of Criminals &c] that defect may be 
supplied. In the Act for appointment of Certain officers 
there] ought to be provision [made for persons of tender con- 
sciences in some points] as the Act of Parliament directs that 
it may not be repugnant thereunto.] 

All or most of the [Bills ought to be indefinite, only such as 
are of] themselves of a meere [temporary nature being made 
such, and with] the aforegoeing amendments, alterations, or 
additions with what also was discoursed off at the Confer- 
ence, this Board, (if the house pass them into Acts) will] Con- 
curr therewith. 

Ordered a Message which was read as folio 

By [the house of Assembly, May 23 d 1692] 
This house has appointed [a Committee to inspect and regu- 
late all pub] lick acc ts , and haue thought fitt to Signifye [to] 
your Hon[ors to the] End your Hono rs may (if you think it 
[necessary) send two of the gentlemen of that Board] to joyne 
with the said Comittee. 

Signed p Ord r Hen Denton Clk Assembly. 

The aforementioned Bills brought into the house as afd 
ord r ed to be read, Viz' 

An Act for Amercem ts in the Provinciall & County Courts 
read & passed the house the second reading. 

Putt to the Vote whether the said Act shall stand for Tenn 
yeares or three yeares and Carried by the Majority of Voices 
to remaine for three yeares Onely. 

An Act concerning proceedings at Law, read & passed the 
house the second reading 

An Act imposeing a penalty on all such who shall dispose 
of Tobacco Seized or received by the Sffe and others, read 
and passed the house the second time. 

An Act appointting Corron rs in each respectiue County read 
& passed the 2 d reading. 

An Act prohibiting Comission rs Sherriffs Dep ty Sffes & Clks 
&c: to plead as Attorneyes &c: read and passed the second 
time. 

An Act prohibiting trade with the Indians for any flesh dead 
or alive Excepting Deere or Wilde fowle, read and passed 
the house the second reading. 



386 Assembly Proceedings, May \o-June 9, 1692. 
Original An Act for Enrollm ts of Conveyances &c: read the third 

Journal. .• j . . i- 

time and sent to hngross 

The house adjournes till to Morrow Morning Nine of the 
Clock. 

Tuesday May 24 th 1692. 

The house againe Mett & were called ouer, and were 
absent these following Members Viz' 

M r Mitchell 

Maj r Smallwood 

M r Ashman J> & Comittee of Acco ts 

M r Hoskins I 

M r Smith J 

Then was read what was done Yesterday. 

Severall Bills brought into the house by M r Dent & were 
ordered to be read Viz' 

An Act impowering the Comission rs of the County Courts 
to Leavye & raise Moneys to defray the Necessary Charges 
of their Countyes, read & passed the house the first reading 

An Act prohibiting M rs of Shipps from transporting any out 
of this Province without passes, read and passed the house 
the first reading. 

Coll. Darnall makes his appearance here according to 
former Ord r of this house 

M r Sp him with the reason of his being sent for Viz' 

That the Moyety of the 2 d *p hhd belonging to the 

Coun and for their better information business, 

to know the yearly not denye the house answered 

that he to their Ord r but as to pervseall he Could 

not each of Trust in him that it was a Concerne 

wished him to Consider of 

An putt to the Vote whether of Carried by the 

Majority ho done and passed the 

M r 

An Act read and passed the house the first 

An Act [concerning what shall be allowed to the] Grand 
Juryes that are Sumoned out of the [body of the Province to 
attend] Provinciall Courts read & passed the house the first 
reading. 

An Act Concerning those Servants that haue Bastards read 
& passed the house the first reading. 

An Act for Killing of Wolves read and passed the house 
the first reading. 

An Act for payment of ffees due from Criminall -psons read 
& passed the first reading. 

An Act for Naturalization of John Oldson & Mathias Van- 
derheyden read and passed the first time. 



Assembly Proceedings, May \o-June 9, 1692. 387 

Maj r Smallwood Enters the house. Original 

An Act for the more Speedy bringing to tryall and Sup- J° urnal - 
pressing Criminalls &c: read the third time. 

The aforementioned Bills were sent to the Gouerno r & 
Councill by M r Wynne and Maj r Caruell 

Message from the Gouernor and Councill brought by Coll 
Hutchings which was read as follows, Viz' 

By his Ex ncy The Governor & Councill in Assembly May 24, 
1692. 

By reason of the absence of some of the members of this 
Board vpon vrgent occasions permitted to goe home they 
cannot spare any more to joyne in Committee with those of 
the house appointed to inspect the publick Acco ts with out 
breaking their Quorum ; The house therefore is desired to 
suspend the proceedings of the said Committee till to morrow, 
by which time it is hoped the Absent Members may returne. 

Signed p Ord r John LLewellin Clk. 

An Act for quietting possessions read & passed the house 
the first reading. 

Upon a Petition made to this house by Jonathan Clarke & 
James Baker for the Continuance of their Places of Dore 
keepers itt is ordered by the house that the said James Baker 
& Jonathan Clarke being persons aged and debilitated from 
their worke shall continnue the same, according to their 
request, dureing life, vpon Condition they behaue themselves 
well therein. 

Message from the Cofhittee of Acc' s relateing to some 

Ace 15 putt in Certain Prison rs Accomadation, being 

to the said Comitte. 

The 

Petition of Thomas Gr Viz' 

To his Ex ncy 
The Humble Peti Humbly Sheweth 

That in Virginia the Carpenter and cretaries 

office & Navall vpon Tobacco by any for Rurhe 

by any Ship 

That y r Hono rs would of the Trade of this Country) 

to the Act of tion according to the booke of 

Rates or the Lawes of Altercon is the scope of this Petition. 

And yo r Pet r shall ever pray &c a 

The Answer to which given was thus Viz' 



388 Assembly Proceedings, May \o-June 9, 1692. 

Original Itt is thought fitt by this house that Encouragem' should be 
given to Shipps built in the Countrey but the Method pur- 
suant thereto, they leave to his Ex ncy & Councill to prescribe. 

An Act for the publication of Marriages, read and passed 
the house the first reading. 

An Act for the Constables takeing the List of Taxables read 
& passed the house the first reading. 

An Act for appointm' of Certaine officers read & passed 
the house the I st reading-. 

o 

An Act for the Easem' of the Inhabitants of this Province in 
Suites att Lawe for small Debts read & passed the house the 
first reading. 

The aforesaid Bills together with the Bill for quietting pos- 
sessions sent to the Gouernor and Councill by M r Clarke & 
M r Dorsey. 

Message from the Gouerno r & Councill brought by Col) 
Jowles & Coll Browne which was read as follows, Viz' 

By his Exncy the Gouern r & Councill in Assembly May 
24 th 1692. 

Whereas in the time of Gouerno r Notley (amongst other 
Acts then passed) severall private bills in favour of severall 
Alien Inhabitants of this Province for their Naturalization & 
for which they duely payd & Sattisfyed their fees & Charges 
accrueing were afterwards by the Lord Baltemore vnadvisedly 
by mistake or otherwise dissented to, annulled & made void, 
and the parties thereby deprived of the Benefitt thereof Not- 
withstanding their great Charges & Expences therein. This 
Board thinks fitt to recommend the same to the Consideration 
of the house in giueing releife to the psons Concerned by 
passing a New Act this Session for that purpose. 

In [the Act concerning] those Servants that haue Bastards 
the imposition of [marriage seems to this Board too] Seveere 
and vnreasonable and [therefore instead thereof they do] pro- 
pose the obleidging the [party to indemnify and save harm- 
less the] County from charge &c a [as in the said Act is 
specified.] 

[The Allowance made for the Grand Jurors this] board doe 
think it more [proper to be ordered and paid to the Sheriff 
of] S [ Maryes County [obliging him to take care for their 
accommodation] and be accomptable [to them for the same, 
rather than] Leave them to the managm' [of an ordinary 
keeper to be treated as he shall] think fitt. 

[The Act against divulgers of false news being of great] 
import & concernm' to [the peace of the Province, this Board 
conceives] it not strict & full [enough to prevent the incon- 



Assembly Proceedings, May \o-Jtme 9, 1692. 389 

veniency arising] from the breach thereof [and therefore desire Origin: 
the house to take the same again] into Consideration Jouma 

[Signed p r order] 

[John] LLewellin Clk 

by the sd Gentlemen, Viz' 

An Act read & passed 2 d time. 

An Act [for stay of Executions after April in the County] 
Courts read 2 d time & passed. 

An Act [for the encouragement of such] as will Undertake 
& build Water Mills, read & passed the house the second 
reading. 

An Act for killing Wolves, read the second time & passed. 

An Act for Naturalization of John Ouldson & Mathias Uan- 
derheyden read the second time & passed. 

An Act for publishing of the Laws read the second time 
& passed. 

An Act pvideing w' shall be good Evidence to prove 
fforraigne Debts, read and passed the second reading. 

An Act for Encourageing the importing of Negroes, read & 
passd the second time. 

An Act impowering the Comiss" of the County Courts to 
Leavy & raise Moneys to defray the Necessary Charges of 
their Countyes, read & passed the second reading. . 

An Act prohibiting M rs of Shipps from transporting any out 
of this Province without passes read & passed the Second 
reading. 

Petition of Coll Darnall to the Gouerno r & Councill sent 
downe by M r Wynne from his Ex ncie for the advice of this house 
&c: the which was ordered to be read ; the purport whereof 
was, that his Ex ncy would be pleased to grant his order to all 
•psons concern'd, that he might be permitted to Receiue all his 
Lordshpps Dues and Duties with in this Province &c: accord- 
- ing to his Maj ties ord r of the 1 2 th of Nouember Last, as Like- 
wise take possession of his Lordshipps houses & Plantations 
of Mattapany and Nottley hall, and all other his Lordshipps 
houses & Plantations whatsoeuer within this Province &c a An 
Answere to which was referred by this house till the Next 
Morning. 

An Act concerning what shall be allowed Grand Juries that 
are Sumoned out of the Body of this Province to serue att 
Provinciall Courts read & passed the 2 d time. 

The aforesd Bills were sent to the Gouern 1 & Councill by 
m r Boothby & m r Hoskins. 

Message from the Gouern r and Councill brought by Coll 
Browne read as follows, Viz' 



390 Assembly Proceedings, May \o-June 9, 1692. 
Original By his Ex ncie the Gouern r & Councill in Assembly 

[carnal. i\/r ih £ 

J May 24 th 1692. 

This Board think fitt to putt [the house in mind of preparing 
a] bill for the releife of Negroes & Slaues [from the barbarous 
and inhuman] vseage of their unreasonable Masters [& c too 
frequently practised in this Province. Re]comended to them 
by his [Excellency yesterday at the Conference and particu- 
larly] think it but just and [reasonable that the malotta girl of 
Thomas Courtneys,] born of an Engli[sh woman and a Chris- 
tian, having both her ears] cropt close to [her head by the 
hands of her tyrannical master and] mistress, be forth [with 
manumitted and set free, the least recompense that] can be 
bestowed on [her for so barbarous a cruelty, and that a clause] 
forthat purpose [be inserted in the said Bill] 

[Signed per Order, John Llewellin] Clk. 

An Act relateing [to the seizure of Tobacco by the Sheriff|] 

An Act for the 

An Act for Constables [taking a list of Taxables]. 

An Act for quietting [Possessions] 

An Act for Easem 1 of [the inhabitants of this Province in 
suits of] Lawe for small Debts, read and passed 

Voted whether the Malatta shall be manumitted or 

noe, for the abuse receiued from her said M r and Carried by 
the Majority of Voices to be sett free. 

Severall Bills brought from the Gouerno r 81 Councill by 
Cap 1 Courts, which were sent to be Engrossed. 

An Act for Appeales & regulateing Writts of Error, read 
and Voted wheth r the same shall be Limitted to a certaine 
sume or noe, and Carryed in the Affirmatiue, that noe ap- 
peales shall be brought vnder the Sufne of 1200 lcob the which 
was ordered to be incerted. 

An Act for secureing Credito rs read & passed the first 
Reading. 

An Act ag' importation of Convicted ffellons into this Prov- 
ince, read & passed the i' reading 

An Act concerning Negroes & Slaves, read & passed the 
third reading. 

All the afd Bills were sent to the Gouern r & Councill by 
M r Wynne 

The house Adjournes till to Morrow Morning Nine of the 
Clock. 



Assembly Proceedings, May \o-June 9, 1692. 391 

Wednesday May 25 th 1692. w,™" 1 

The house againe Mett and were absent these following 
Members Viz' 

M r Ashman ) 

M r Smith \ & Comittee of Acco* 

M' Bigger j 

Then was read what was done Yesterday. 

Severall Bills brought in by M r Dent & ordered to be read, 
Viz' 

An Act for appointm' of Certain Officers, read & passed 
the 2 d reading w 4 amendm' 

An Act for Limitation of Officers ffees read & passed the 
first reading. 

An Act for Limitting of County Clks ffees w th in this 
Province read & passed the first reading. 

An Act for the better administracon of Justice in the County 
Courts read & passed the i c reading. 

An Act preventing vexatious & vnnecessary suites at Law 
&c: read & passed the i c reading. 

An Act for keeping a Register of Births Marriages & 
Burialls; read & passed i c reading. 

An Act ascertaining w l shall be allowed vpon protested bills 
of Exchange read & passed i' time 

An Act ag c Engrosers & Regraters, read & passed the first 
reading. 

An Act for the due recording all the Law^es of this Province, 
in the Series office read and passed the house the first reading. 

An [Act restraining the] Exportation of Leath r &c. read & 
passed the first reading. 

An Act [for Appeals and regulating writs of] Erro r read 
with the Clause incerted & passed 
by M r Wynne & M r Hoskins 
for them to Continue two Yeares from the 

Comission 75 of the 

accordingly appeare. 

the returne of Severall bills be read, Viz £ 

An the third reading. 

An reading, 

reaadina. 

[An Act for the easement of the inhabitants of this Prov- 
ince] in suits att Lawe for small [debts &c] Read & passed 
the Second 

An Act [for Constables taking list of] Taxables read & 
passed the third reading. 

The afore Engrossed. 



39 2 Assembly Proceedings, May \o-June 9, 1692. 

Original An Act for Encouragem' of Tillage & raiseing provisions 
journa. ^ Advancem' of Trade within this Province read & passed 
the first reading. 

Coll Darnalls Petition to the Governo r & Councill ordered 
to be againe read, wherevpon it was thought fitt by the house 
that the said Coll Darnall should be sent for to to this 

house his Maj ties ord r &c: vpon which his said petition is 
granted; as Likewise to demand of him a Second time the 
Bookes of Entries, for his Maj ties Service for the pervseall of 
this house. 

Ordered that one of the Dorekeepers goe in to Towne, and 
acquaint him that the house wants to Speake with him. 

The said Coll Darnall after some short space of time makes 
his appearance here accordingly. 

M r Speaker informes him that he had, by order of the house 
againe sent for him about those Bookes of Entries, which were 
desired of him yesterday, and that they now wanted to know 
his Resolution therein, imagining he might haue better Con- 
sidered of it since yesterday. 

But his Answere thereto still was that he could not Complye 
with the houses desire in that request, by reason of the trust 
reposed in him by his Lordshipp in all those Matters & Con- 
cerns, the comunicateing of which he Looked vpon itt, would 
be a breach of the same. 

M r Speaker replyed that they had noe designe to harme his 
Lordshipp any wayes in the matter, but onely to Sattisfye 
themselves in the yearly income of the Imposition Money, that 
they may the better know how to settle th' part belonging to 
the Countrey, for the Support of the Gouernm' & with all Tells 
him that it is but a Civill Request, and for his Maj ties Service, 
and therefore he must not take it amiss ; if some further 
Methods be taken therein. 

He is demanded to produce the Kings ord r mentioned in 
his Petition; 

He makes answere that he Left the Originall with the 
Comittee that were sitting at Petuxant att his Arrivall, but 
produces a paper which he sayes is a True Coppy thereof, 
which was ordered to be read, the maine purport whereof was, 
that he might be permitted peaceably to Collect his L d spps 
dues &c: ariseing herewith in this Province. 

The said Coll Darnall is bid to withdraw house 

Itt is debated in the house by the house Nemine Con- 

tradicente, to produce the aforesaid pervseall of 

this Contempt &c: 

He is again sent 

M r Speaker does aga Bookes of Entries and with 

acquaint him, that vpon prest in that Case, he 



Assembly Proceedings, May \o-June 9, 1692. 



JVO 



be soe disobleidgeing to att Armes, for the Original 

to M r Wynne inform the Gouerno r & Co downe J ournaL 

to this house Answere thereto, to euery part 

which the said Coli Darnall desired 

Voted that its the Undoubted all persons to attend 

this house, with their Publick bookes of Entries & other papers 
of publick accounts, whereby to be sattisfyed what publick 
Revenues haue of Late belonged to the Crowne for the Sup- 
port of the GouernnV of this Province. 

Voted that Coll Darnall being Employed as a gen 11 Agent 
to Collect great part of the publick Revenues of this Province, 
being required to produce his Bookes & papers of Entries 
thereto belonging for their pervseall, for their Maj" es Service, 
yett refused to doe itt though he Confessed the haueing of 
them in his Custody. 

Voted that this is a Violation of the Undoubted Rights & 
privilidges of this house. 

Voted that Coll Darnall for such his Contempt be taken into 
the Custody of the Serjeant at Armes attending this house. 

Voted that the i4 d p Tonn belongs to the Crowne for the 
Support of the Governm 1 as it was first intended as Likewise 
all fines and Amercem" yett notwithstanding till his Maj ties 
pleasure is knowne they will giue all due obedience there- 
vnto. 

Itt is the Opinion of the house that all publick records, Bills, 
and Bonds, remaine in the Office where they are. 

As for Waifes & Strayes in the Petition mentioned, they 
will be perticulerly considered off to Morrow. 

Ordered that a Warrant issue to apprehend the said Coll 
Darnall for his Contempt aforesaid. 

By the house of Assembly May 25 th 1692. 
Whereas Coll Darnall pursuant to an Ord r of this house 
to appeare with his Bookes of Entries demanded of him to be 
pervsed for his Maj ties Service did make his appearance here, 
but obstinately refused to produce the sd Bookes, itt is there- 
fore ordered that the Officer attending this house in the Nature 
of a Serjeant att Armes, doe imediately take into his Custody 
the body of the said Coll Darnall for the Contempt aforesaid 

Signed Kenelm Cheseldyn Speaker 

Cap' passed that pass 

The Enna 

The 

Then was what erday. 



394 Assembly Proceedings, May \o-June 9, 1692. 

Original M r Brookes Comes from the Gouernor and Councill 
journal. severa |i Bills passed that board, & are as hereafter 

M r Dent & M r Clarke sent to the Gouerno 1 & Councill to 
giue them Sattisfaction in a certaine Bill now sent hither 
relateing to Negroes & Slaues &c a as to some Clauses therein 
Specifyed. 

They Carried likewise with them a bill for Election of Mem- 
bers to Serve in the Gen" Assembly, haueing receiued one 
Reading & passed yesterday. 

An Act preventing vexatious & vnnecessary Suites att Law 
&c: read and passed the second time 

An Act for Recording the Journall of the house of Assembly 
read & passed the second time. 

An Act for Encouragem' of Tillage &c: read & passed the 
second reading. 

An Act ag' Excessiue Vsury, read & passed the Second 
reading. 

An Act appointing Court dayes in each respectiue County 
within this Province read and passed the Second time. 

An Act Limiting the Extent of Attachm ts & provideing 
what shall be Leavyed on Attachm' & Executions read & 
passed the second reading. 

The aforesaid Bills were sent to be Engrossed. 

In the Act relateing to Servants and Slaues itt is the 
Opinion of the house that if the goods bartered for, Exceed 
iooo lbtob the party agrieved, besides the ffine in that Act 
allowed may bring his Action for Damages. 

That Servants Comeing into this Province, whether by 
Indenture or oth r wise, theire Service shall comence from the 
Shipps first Anchoring in the Province. 

M r Dent and M r Clarke returne from the Councill board 
with the aforementioned Bill and doe say that every particular 
therein is Complyed with, Except the Enslaueing the Woman 
dureing life, the which that board desires may be mitigated to 
Seaven Years Servitude onely, and was soe done accordingly, 
shall make that the Clause 

ascertained next 

ing. 
eading. 

Reading and assed 2 d reading. 

Negroes & Slaues, read & passed the 3 d time w th the 
amendm' desired. 

An Act restraining the vnreasonable encrease of horses 
in this Province read & passed the time, with the Clause 

incerted as desired. 

The aforesaid Bills were sent to be Engrossed. 



Assembly Proceedings, May \o-June 9, 1692. 395 
An Act for Election of Sherriffs, read & passed the first Original 

j- Journal. 

reading. J 

The same together with two other Bills in which the 
Gouern r & Councill wanted the Satisfaction of haueing some 
particulars therein Cleared, were sent by M r Wynn & M J 
Boothby, with the Instructions of the house to that intent. 

The House Adjournes till to Morrow Morning Nine of the 
Clock. 

ffriday May 27 th 1692. 

The house againe Mett & were Called ouer,& were Absent 
these following Memb rs Viz 1 

M r Biggers ] 
M r Ashman V 
M r Smith J 

Then was read ouer what was done Yesterday. - 

Upon Information giuen by a Member of this house that 
Notice was taken att the Councill Board of Coll Darnalls 
haueing too much Liberty giuen him after his being taken 
into Custody by virtue of an order hence Issued, itt was there- 
vpon Vnanimously Voted that the Officer in whose Custody 
the said Coll Darnall is, confine him close to some private 
convenient roome, & not suffer him hereafter to goe any way 
or att Large. 

The said ord r accordingly was drawne vp and read, & 
deliuered to the s d officer. 

Information likewise giuen by a member of this house ag' 
some persons (Irish Men) that were Singing last night a Trea- 
sonable Song, publickly in the hearing of some members of 
this house, whose names giuen in were as follows Viz' Arthur 
Delahay, Hugh Hamleton, & Robert Cooper, as Likewise 
James Cannon & James Cambell, Evidences ag' the s d per- 
sons, and that the afore Ham 
in Co of 

An said person fact a 

Coll Browne comes from the Councill board with the 
Returne of several Bills there passed Viz' 

An Act ag' the Exportation of Wool & old Iron, read & 
passed the second reading 

An Additionall Act for Regulateing Ordinaryes read & 
passed the 2 d Reading. 

An Act for preservation of Orphans reall Estates read & 
passed the 2 d Reading. 

An Act Touching Coopers & the Gage of Tob. hhds read 
& passed the second Reading. 



396 Assembly Proceedings, May \o—June 9, 1692. 

Original An Act for Regulateing Ordinary keepers & Limiting the 
jouma . jsjyj^j^gj. Q f them within this Province, read and passed the 
second reading. 

An Act for Election of Sherriffs read & passed the second 
Reading. 

An Act for the Service of Almighty God, And the Estab- 
lishing of the Protestant Religion within this Province, ordered 
to be read, vpon which was reassumed a former Vote concern- 
ing the Settlem* of an Annuall Income in each parish vpon the 
Ministry within the Province and Voted whether it should be 
done by the Assesm' of fforty or 20 lb tob p poll, and Carryed 
by the Majority of Voices to be assessed by a Taxe of fforty 
pounds of Tobacco p poll vpon the Taxeables of each parish. 

Voted & ordered that what Lawes are behinde hand to 
read, be dispatched to day and that to morrow be sett a side 
for Settleing the support for the Gouernm' 
" An Act for secureing rights read & passed the first time 
w th Amendm" and Additions and ordered, to be read again 
to Morrow. 

An Act for Advancem ts of Coynes read & passed the first 
reading. 

Opinion of the house in Answere to the Severall particulars 
Contained in Coll Darnalls Petition drawne vp and read, and 
sent to the Gouern r and Councill as desired, by M r Wynne. 

The aforemenconed Bills likewise att the same time sent by 
the said M r Wynne. 

The Cofhittee of acc ts goe out vpon their Charge. 

Message to the Gouern r ord rd to be drawne vp and Read 
w ch was as follows Viz' 

[By the House of Assembly May the 27th 1692 
This House does desire your Excellency will be pleased to 
impart] the Opinion [of this House in relation to Coll 
Darnall's petition to the] said Coll Darnall [according to his 
demands, which they do imagine may be a meanes] to [incite 
him to produce what further instructions he has from his 
Lordship as likewise the books of entries 

signed per Order Henry Denton CI. Assembly.] 

Grand jurys uernm' more. 

&c: 

to allow 

Enter the being Elected for Csecill County, 

as appeares by Indenture vnder the hands and Seales of the 
Sherriffes & ffreemen of that County of their being soe chosen 
& Elected as aforesaid. 

Ordered that a Note be giuen them in Ord r to be sent to 
the Councill Board to be sworne. 



Assembly Proceedings, May \o—June 9, 1692. 397 
The same was drawne vp & read, which was as follows Viz' Original 

• Journal. 

By the house of Assembly May 27 th 1692. 
The house haueing now received M r James Wrouth, M r 
Thomas Theakston & M r Rob 1 Crooke Burgesses Elected to 
serve for Csecill County in the Roome of Coll Codd: M r Warner 
& M r Dare, as appeares by Indenture (out of his Maj ties high 
Court of Chancery hither remitted) vnder the hands & Seales 
of the Sherriffe & Severall ffreemen of that County, doe there- 
fore send them to your Hono rs in ord r to be sworne. 

Signed p Ord r 

Hen Denton Clk Assembly. 

Doct r Brookes is sent, along w th the afd Gentlemen, w th the 
s d Message. 

An Act for the better Administration of Justice in probat of 
Wills &. granting Adm rcons Recovery of Legacies & secureing 
filiall portions read and passed the first reading. 

An Act for Settleing of a Standard with English Weights 
& Measures in each respectiue County w th in this Province, 
read & passed the i' reading. 

An Act for the Ord r ing & Regulateing of the Militia of this 
Province & for the better security & defence thereof read & 
passed the first reading. 

An Act ag' Divulgers of false News read & passed the first 
reading. 

The sd Bills were sent to the Councill Board by M r Mittchell 
& M r En nails. 

They returne & say they delivered the same. 

Docf Brookes Returnes & sayes he sawe the Oathes of 
Allegeance & Abhorrence giuen to the afornamed M r Wrouth 
M r Theakston & M r Crook att the Councill board, whoe after- 
wards took their places in the house. 

M r B that 

An Act for for 

An re 

An 

The M v 

The this Answere 

The Adjournes Morning 

Satvrday May 28 th 1692. 

The house againe mett and were Called ouer & were 
Absent these following Memb rs Viz' 

M r Bigger 
M r Ashman 
M r Smith 



398 Assembly Proceedings, May \o-June 9, 1692. 

Original An Act for Limitation of County Clks ffees, read & passed 
jouma. ^ 2<1 rea( jj n g. & sent t0 De Engrossed 

Ord rd that the Officer attending here send for M r Cullens 
&c & that an Ord r be drawne to the same intent, w ch was 
accordingly done as follows, Viz' 

By the house of Assembly May 28 th 1692. 
Ordered that the Officer Attending this house send for M r 
James Cullens to giue his Attendance here to Answere to 
such questions as shall be proposed to him by this house. 

Signed p Ord r Hen Denton Ok Assembly. 

The same was read & Delivered to the Officer aforemen- 
tioned. 

An Act for punishm' of psons suborning of Wittnesses or 
Comitting Willfull and Corrupt perjury read & passed the 
first Reading. 

The said Two Bills were sent to the Gouern r & Councill by 
Cap' Whittington. 

The house dissolves themselves into a Grand Comittee, in 
ord r to settle the Support for the Gouernm' 

M r Cheseldyne chosen Chairman of the said Comittee. 

Ordered that M r Mason & M r Dent goe & desire Coll 
Blakiston for to walke downe to .the house to acquainte them, 
if he knowes, what Imposition is now vpon Tobacco in Vir- 
ginia they being now vpon debate of settleing the support for 
the Gouernm' 

Coll Blakiston appeares here Accordingly. 

Support of the Additionall not. 

see gall, other Two and to. 

of the comes 

M r Addison comes from the Councill Chamber with the 
Returne of severall Bills passed that board. 

The Officer Attending this house is ordered to bring in 
those prisoners he has in his Custody whoe Accordingly 
appeares with them Viz' Hugh Hamleton & Robert Cooper 
together with James Canon & James Cambell, the Evidences ; 
but does say that Arthur Delahay in the Ord r mentioned is 
Lame, and therefore could not possibly bring him. 

M r Wynne by Ord r of M r Speaker Examins them. 

He askes them how they came to Sing that Treasonable 
Song, whereof they stood here accused. 

They Answere that they were drunck when they did it, but 
with all confess their being guilty of the fact, and therefore 
putt themselves vpon the Mercy of the house, being sorry for 
such their Offence promising neuer to offend in the Like 
nature ag-aine. 

o 



Assembly Proceedings, May \o-Ju?ie 9, 1692. 399 

M r Wynne lays home to them the haynousness of their Original 
Crime, first in being drunck and afterwards in Venting the Journa ■ 
Treasonable Song. 

Putt to the Vote whether the said psons shall be whipped 
for their afd fault or pardon' d vpon their Submission & pene- 
tency, by goeing downe on their knees & begg pardon and to 
doe the same before the Gou r no r and Councill, itt being their 
first fact. 

Carried by the Majority of Voices, to begg pardon on their 
knees w ch they accordingly did, and the Officer ordered to 
Carrye them to the Councill Board to doe the same, and there 
vpon to be dismissed paying their ffees. 

Ordered that they be bound to their good behaviour, and 
that M r Mason take their Bond with security. 

An [Act for the better administration] of Justice in probat 
of Wills & granting [Admacons, Recovering of Legacies and] 
secureing of filiall Portions, read passed 

&c: read & passed the the 5oooo ltob specifyed in 

the second reading. 

Nine of the Clock. 

these following Memb rs Viz' 

Then was Saturday. 

An Act ag' Divulgers of false News, read & passed the 
third reading w th amendm' 

An Act for secureing Rights & passed the third Read- 

ing w th Amendm 15 

The said Bills sent to the Councill Board by M r Dent & M r 
Harris w' h ord r to Speake to the latter Bill, as to desireing his 
Ex ncyes appointing Surveyo" in the Province &c: 

Message from the Gouern r & Councill brought by M r Addi- 
son & M r Brookes which was read as follows, Viz' 

By his Ex ncy the Gouern r and Councill in Assembly May 
30 th 1692. 

The Great charge this Countrey hath been at, in building 
the State house, the p r sent decays and Leaky condition there- 
of, rendring the same insufficient to secure and p r serve the 
Records of the Province, mooues this board to recomend to 
the house the Consideration of some present necessary re- 
paires thereof, whereby the same may be putt into a Condition 
to secure the said Records, and fitt for holding Courts of Judi- 
cature, vntill such time as a more Convenient place for that 
purpose shall be thought of and agreed on, which (considering 
the great Expence the Province hath already to defray and 
discharge) this board Conceives will bear to heavy vpon them 
at p r sent, neither can the same in any probability be Effected 
before the hard weather, And further more the p r sent Neces- 



4-00 Assembly Proceedings, May io—^une 9, 1692. 

original sary repaires of the said house may Render the same fitt for 

■ other publick use to prevent further Charge to the Countrey, 

This board therefore desire the house duely to Consider 

thereof in Makeing such provision as they shall think fitt and 

Necessary. 

Signed -p Ord r 

John LLewellin Clk 

Putt to the Vote whether the State house shall be putt in 
Repaire for the present secureing of the Records or noe, and 
Carried in the Negatiue. 

An Act relateing to servants and Slaues, read & passed the 
second reading- w th Amendm' 

The same was sent to m r Boothby to the Councill Board. 

M r Dent & M r Harris returne & say they deliuered the Mes- 
sage sent by them, and that Likewise they stay'd the Reading 
the bill for secureing Rights &c: whereby they gaue his Ex ncy 
to vnderstand the defect of Surveyo rs in the Province, the 
which his Ex ncy promised to Supplye by appointing one in 
each County, whereby the Inhabitants may not be disappointed 
in their Just Right. 

The house Enter vpon the Debate, to what & Tobacco 

noted last Saturday shall tend 

Voted that the Additionall the Tenth day of Oct 

Voted whether the for the Maintenance in the 

Affirmatiue. 

Voted if his Maj 1 vse it shall be putt to. 

Voted that the ttisfyed and payd yearly Re- 

mainder be applyed for 

Voted whether the & Carried by the Major 

Comittee appointed to Impost received for the Count 

report to this house about the 
M r Dent 
M r Wynne 
M r Harris 

Putt to the Vote whether shall be yearely allowed the 

Gouern r or noe, and Carryed in the Negatiue. 

Voted what vse the 4 d "p Gall Impost vpon Liquo rs shall be 
putt to, & Carryed by the Majority of Uoices that the same 
be & accrew to the benefitt & vse of the Countrey to defray 
publick Charges &c a and that a Bill be Brought in for the 
same, wherein Cap' Tasker to be incerted Treasurer for the 
Westme shore & Doct r Brookes for the Easterne shore, to 
Call the Navall Officers yearely to Account & Receive the 
said Revenue for the vses aforesaid. 

The House adjournes till to Morrow Morning Nine of the 
Clock. 



Assembly Proceedings, May \o-June 9, 1692. 401 

Tuesday May 31 th 1692. Original 

Journal. 

The house againe mett and were called ouer & were Absent 
these following Members Viz' 

M r Greenfeild ~\ 

M r Smith I and Comittee for inspecting the disbursem' 3 

M r Ashman J of The Countreys Money. 

Then was Read what was done Yesterday. 

Putt to the Vote whether the Expences of the Justices of 
the County Courts shall be Limitted or noe, & Carried in the 
Affirmatiue. 

Putt to the Vote what their allowance shall be, and. Carryed 
by the Majority of Voices that each Justice shall be allowed 
i20 ltob a day dureing his Attendance att Court. 

M r Greenfeild Enters the house. 

M r Brookes & Cap' Courts comes from the Councill board 
with the Returne of severall Bills passed that Board Viz' 

An Act ag' Divulgers of falce News, read & passed the 
third reading. 

An Act relateing to servants & Slaues read & passed the 
third Reading. 

An Act &c a returned, being read & passed the third 

time here before. 

Putt to the Provinciall Court being neither in any 

place Gouern" Councill, shall be allowed att the 

said Court, or noe, and 

here, & Endorsed thus Viz' 
1692. 

The plainte of the Petition' should to y r Hono" 

Clk Assembly. 
& M r Wattson. 

Coll 

psons incerted, for keeping Guar Daniell 

the same Nature read 

George from him in the begining of the Revolution 

Cap' petition for keeping Guards &c: read. 

The Afd petitions referred house to the Consideration 

of the Comittee of Acc ts 

Message to the Gouern r & Councill, Drawne up & Read 
as follows, Viz' 

By the house of Assembly May 31 th 1692. 

This house being informed by Severall Members thereof, 

that are Comanded from their Service in this house, by a 

Comission of Oyer & Terminer to them directed this house 

doe Complaine thereof as a breach of their priviledges, that 



4-02 Assembly Proceedings, May \o—June 9, 1692. 

Original any Member thereof, sitting the same should be sent vpon 
journa. an ^ other Service whatsoeuer. 

Signed -p Ord r Hen Denton Clk Assembly. 

The aforesaid Message was sent to the Councill board, by 
Maj r Smallwood, M r Wheeler, M r King, M r Mason, M r Clarke, 
& M r Jones, whoe Returne and say they delivered the said 
Message. 

Voted whether Richard Benton shall be sent for to view the 
State house, in Ord r to Repaire the places and Roomes where 
the Records lye or noe, and Carryed in the Affirmatiue. 

A Coppy of the said Vote sent vp to the Councill Board by 
M r Clarke. 

The Officer attending this house ordered to send for the 
said Richard Benton to Attend this house to Treat w th him 
about the aforementioned Repaire. 

M r Clarke whoe Carryed a Coppy of the aforesaid Vote to 
the Councill was Ordered likewise to Enquire for these two 
following Bills formerly sent Thither Viz' 

The one Bill relateing to perjury and the other to the Elec- 
tion of Sherriffes. 

The house Adjournes till to Morrow Nine of the Clock. 



Wednesday June I st 1692. 

The house again Mett & were Called ouer and Mem brs 

Viz' 

Edward Wynne 
M r Bigger 
M r Dent 
M r Ashman 
M r Sm 

M r Josephs Petition Morrow: ordered make his 

appearance he 

James Browne keeping publick Post &c Kent 

County 

B y 

This house has Voted ppointe Counties, and if the 

with the allegations of those appeare Suf- 

ficient to your Hono rs to the purport of the said Petition 

y r Hono rs therein 

Signed p Ord r Denton Clk Assembly. 

The Same was deliuered to M r Wheeler & M r ffinney in 
ord r to goe and speake to the Same att the Councill Board. 



Assembly Proceedings, May \o-June 9, 1692. 403 

An Act for the Settlem' of an Annuall Revenue vpon their Original 
Maj ties Gouern r within this Province for the time being read J° urnal - 
and passed the first time w th amendm ts to be made. 

A Supplementary Act to the Act for Settlem' of an Annuall 
Revenue vpon their Maj ties Gouern r in this Province for the 
time being read and passed the first time with Amendem ts to 
be made. 

M r Dent Enters the house. 

Putt to the Vote whether Thirty shillings and noe more 
shall be Allowed for Entering & Cleareing of Shipps or noe, 
and Carryed in the AfBrmatiue. 

An Act for punishm' of persons Suborning Wittnesses &c: 
read & passed the second reading and sent to be Engrossed. 

Voted and ordered by the house that if M r Lynes does not 
bring in his Acc ts by to Morrow Night to the Comittee, that 
he shall not be Allowed the same this sessions. 

A Coppy of the said Ord r delivered to giue to the said M r 
Lynes. 

W m Stimsons petition for a mare, read & Referred to the 
Comittee of Accounts. 

Voted that a former Order of this house, directing a Bill to 
be brought in for an Allowance of 2OO lbt0b to each Burgess -p 
diem &c: to defray their Charge and Expences att Assemblyes 
be disanulled, and Remaine vpon the journall onely as a Vote 
of this House, for the said allowance to be Continued, without 
bringing in a bill for the same. 

Voted that one out of euery County be Appointed to Come 
down to S c Maryes on the first day of October next, in ord r to 
Laye the publick Leavye, which was done as follows, Viz' 

ffor Robert Mason. 

ffor 

Henry Denton appointed 
Clerk of the said Comittee. 

ffor 

ff 

ffor 

ffor vp County ag l James Harper of their 

Privity and abuse that Warrant should hence Issue to 

here, to Answer the Complaint aforesaid was 

deliuered to the Officers attending here. 

The adjou Morning Nine of the Clock. 



404 Assembly Proceedings, May 10- June 9, 1692. 
Original Thursday Tune 1692. 

Journal. J J y 

The house againe Mett and were Called ouer, & were 
Absent these following Memb rs Viz' 

M r Bigger 
M r Ashman 
M r Smith 
M r ffinney 

Then was Read what was done Yesterday. 

Somersett County Indenture returned out of their Maj ties 
High Court of Chancery to this house. 

Ordered to be Read, wherein were Chosen (as by the sd. 
Indenture, vnder the hands and Seales of the Sherriffe & ffree- 
men of the said County appeares) M r Roger Woolford M r 
John Bosman and M r Lazarus Maddux, to Supplye the 
Vacancy of M r John Hewett, M r Thomas Evernden & M r John 
Goddin 

The said M r Woolford, M r Bosnian & M r Maddux Enter 
the house & were ord rd to be p r sented to the Councill by Cap' 
Whittington, to be sworne. 

Voted that an Act be drawne vp for to giue power to his 
Ex ncy Lyonell Copley Esq r Cap' Gen" and Comander in Cheife 
of this their Maj' ics Province &c a To Naturalize all persons of 
Outlandish Natiuity, that shall applye themselves to him for 
the same, takeing the Usuall ffees, due by Act of Assembly 
for the same. Cap' Courts comes from the Councill Chamber 
w th the Returne of a Bill ag' Devulgers of false Newes, with 
an Endorsem' thereon, desireing the Penalties therein incerted 
may be advanced, the which was done accordingly. 

The said Bill (together w' h the maine Bodye of the Lawes) 
were sent to the Councill Board, by M r Dent, M r Jones, M r 
Hawkins, M r Wattson, M r Dorsey, M r Wrouth M r Hanson & 
M r Wattkins for their Assent there. 

John Littles Petition for Alio Endorsed, th' he be 

allowed 20 lb tob p peck for night & day & the same 

ordered to 

Putt to the Vote who send to each Coun of 

Voices to be 

Ordered that the Coll Robotham part of those 

Lawes 

He acquaints the house in minde of made 

in this Province ralize Outlandish psons Care in 

already. 

Putt to the Vote whe by the publick or noe, and 

Carried 

An Act assertaining the vinciall and County Courts, 

read and 



Assembly Proceedings, May \o-June 9, 1692. 405 

Voted if John Little whoe preferred of this House be Original 

found tarde in any one Article of his Ace' falsely Charged, J° urnal - 
that he be allowed noe more than as the Comittee has now 
Regulated the same. 

An Act ascertaining what Lawes are Repealed w th in this 
Province, read and passed the first time. 

Voted by the house that the Members herevnder written 
be fined fififty pds of Tobacco a peice for remaineing with out 
Dores, dureing the Sitting of the house, Viz' 

M r Wrouth M r Hawkins M r Crooke ] 

M r Theakston Maj r Tripp M r Clarke ! 

M r Sherwood Cap' Whittington Maj r Gamble j 

M r Woolford M r Wattkins J 

Voted that M r Wynne be likewise fined ioo ,btob for Absent- 
ing himself w th out the leave of this house. 

The house reassumes a former Vote, Viz' whether the 
Chancello" ffee for Transcribeing the Lawes for Each County 
shall be 1600 or i200 Ibtob and Carryed by the Majority of 
Voices that 1 200 115 tob be allowed onely. 

An Act for settleing of Nauall Officers ffees w th in this Prov- 
ince, read and passed the first time. 

Cap' Courts Comes from the Councill board with the 
returne of the bill ag' Devulgers of fake News, and the same 
sent to be Engrossed. 

An Act for an Impost of 3 d p hhd settled vpon the Gouerno r 
&c: read & passed the second reading. 

The aforesd four Bills sent to the Councill board by M r 
Dent. 

M r Tasker Moues to haue Leave to goe home, certifyeing 
to the house that his Wife lyes very sick, the which was 
granted him. 

The house Adjournes till to Morrow Seaven of the 
Clock. 

June 2 d 1692. 
The house were Absent these following Memb" Viz' 

The 

An [Act for the settlement of an annual Revenue upon 
their] Maj' ies Gouern r w' h in this Province [for the time being]. 
Second Reading. 

Voted the first of June last Lynes did not bring 

in his then he should not be alio and Likewise 

whereas he was for to bring in his Account euery 



4o6 Assembly Proceedings, May \o~yune 9, 1692. 

Original holely been disobedient to it is therefore and ordered 

JournaL that the said M r Lynes shall ace* till next Sessions of 

Assembly for his 

Upon a Motion Made by County Burgesses, 

Putt to the Vote whether Somersett County shall be 
excepted out of the Act for regulateing the County Comission rs 
Expences, and that they be allowed Eight Thousand pounds 
of Tobacco p annum & noe more, or noe, and Carried in the 
Affirmatiue. 

M r Wynne & M r Dent Enter the house. 

Putt to the Vote whether the Ministers shall be Allowed 
3000 or 200o lbtob a peice for their Attendance this Assembly, 
and Carryed by the Majority of Voices to be allowed 3O0o lb 
tob. a peice. 

M r Wynne acquaints the house that he was desired by the 
Gouern r of Virg a in his behalfe to returne thankes to this 
house for the Hono r they did him yesterday in their Visitt and 
with all that he desired their Company att Coll Digges house 
imediately (if their business would Suffer them to take soe 
much leisure time) that he might further pay his Respects to 
them, before he went out of Towne. 

M r Speaker w th the rest of the Members accordingly goe 
vp, whoe aft r some short time spent there, returne to the 
house againe. 

An Act of Recognition, read & passed the house the first 
reading. 

An Act of Naturallization, read & voted that the Govern" 
flees for the same shall be Three pounds St 11 and the Clarke 
for Writeing the same Tenn Shillings and Noe more. 

The Comittee for Inspecting the disbursem ts of the Impost 
Money goe out vpon their Charge. 

M r Harper in Obedience to a former Sufnons from this 
house, makes his appearance. 

M r Speaker askes him how he Came to be soe bold to make 
vse of that boate belonging to the Delegates of Baltemore 
County w th out their privity or Consent. 

He confesses that he made vse of sayes that the Men 

of War staued her that he will repaire the same, 

pardoned therefore 

Elizabeth Bakers 

Ordered that the Referred. 

Docf Synnocks Read. 

Voted whether natiue. 

• The said Vote giuen to M r Mason to 

Elizabeth Bak Comittee of Accounts. 

The aboue menconed Comittee for Inspecting 

house with their Report which was 



Assembly Proceedings, May \o-June 9, 1692. 407 

Att a Comittee appointed of the Impost of 2 d p hhd Original 

Rec the Revolucon &c: May 30 th Anno Dom. 1692 J«"* 

M r Thomas Tasker ^ ] 

M r Edward Wynne V Cap' Hamond > 

M r William Dent J Cap' William Whittington ) 

M r Edward Wynne Appeared not. 

M r Thomas Tasker by the Cofnittee is Chosen Chairman. 

Cleborne Lomax by the Cofnittee is appointed Clk. 

Ordered that the Nauall Officers appointed for the severall 
districts within this Province for the Receiveing of the Moyety 
of the Impost of 2 d p hhd: for the Countreyes Use since the 
Revolution be Sumoned to appeare here before the Coffiittee 
to Morrow Morning by seaven of the Clock (Viz 1 ) 

Cap' Samuell Bourne for Petuxent District Maj r King for 
Pokomoke District And Samuell Cooksey for Potomack 
district. 

The Cofnittee adjournes till to to Morrow Morning at 
seaven of the Clock. 

The Cofnittee Meetes againe the 31 th May present as before. 
Except M r Edward Wynne. 

Maj r King Navall Officer for Pocomoke district appeared 
here to render his account. 

And deliuered in to this Cofnittee one Note drawne on him 
by M r Rob' Mason and M r John Lewellin payable to M r George 
Plater for 3 3 s another Note drawne by Ditto Mason & 
Lewellin payable to M r Philip Clarke & M r Henry Denton for 
1 5 1 15 s & another Note drawne by Ditto Mason & Lewellin 
pay 1 to M r Gerrard Van Sweringen for 26 1 for which Three 
notes the Cofnittee hath giuen the said King a Receipt. 

M r Sam 11 Cooksey Navall Officer for Potomack District 
appeared here to rend' his Ace' and rendered an Ace' what 
Cap' John Coode had receiued before his voyage to England 
and since the time of his being Navall Officer. 

M r John LLewellin on the behalf of Cap' Sam 11 Bourne 
Nauall Officer for Petuxent district appeared here & rendered 
an Ace' for the s d Bournes 

The Cofnittee adjournes till to Morrow Morning at Seaven 
of the Clock. 

the I s ' day of June p'sent as before 
Adjournes till the 3 d day of June present as 

before. Wynne. Chairman. 

mitted to M r Kenelm Cheseldyn bill drawne 

vpon M r Edward John Tayler M r Will m Wra 

M r Henry LLovd & Comp a for his bill drawne vpon 

ma to Ditto Tayler. John pay a to Ditto Tayler 

and M John Smith & Comp a for 29 1 17 s Bills 



408 Assembly Proceedings, May \o-June 9, 1692. 

Original for the aboue said sufnes of money Cheseldyne to take 

journal. some M e t:hod & Measures Recouery of the same. 

ffor his of for two yeares and his trouble in his 

Agency that is referred to the house. 

Vpon Consideration of Coll Blakistons Ace' it is repre- 
sented to this Comittee that part of the Money remaines 
vnpaid, the bills that were deliuered being protested, the sence 
of this Comittee is that vpon delivering the said Bills Creditt 
ought to be giuen in the Ace' for the same. 

The Comittee haueing inspected into Severall Acc ts repre- 
sented to them from severall psons relateing to the Impost 
haue stated the severall acc ts thereof to which they referre the 
house for further Sattisfaction. 

This Comittee further reports that M r Speaker vpon 
deliuering to this Comittee his Ace' doth affirme that in the 
fourth Article for his own & Servants Charges in London all 
Counsells Soliciters & other Officers fees Expended in the 
Ajency are included, soe that noe other ffees by any other 
pson pretended to be Expended ought to be Allowed Except 
some small Matter to the Value of twenty or thirty Shillings 
or there abouts which he thinkes he left vnpaid and if paid by 
the other Ajent to be Allowed. 

Signed p Ord r 

Cleborne Lomax Clk Comittee 

The house tJnanimously approue of the Report of the said 
Comittee. 

Putt to the Vote, whether M r Cheseldyn shall be Sattisfyed 
the Ballance of his Ace' mentioned in the said Report, in 
Money or Tobacco, & Carried to be pd in Tobacco. 

Voted what shall be allowed p Cent in Money, for the said 
Tobacco, & Carryed by the Majority of Voices to be allowed 
Seaven Shillings p Cent. 

Message from the Gouern r and Councill brought by M r 
Addison & M r Brookes, which was Read as follows Viz' 

By his Ex ncy the Gouern r & Councill In Assembly 
June 3 d 1692. 
This house haueing pervsed part [of the Body of Laws 
contained in eleven sheets now drawn] this Sessions haue 
Signified [their assent to them all but one for enrolment] 
of Conveyances, [for no other reason than being] made tem- 
porary, [which being of so great moment and concern to the 
Province] in generall this [Board desire may be indefinite. 
Signed per Order, John LLewellin Clk.] 

Brought Likewise w th the 



Assembly Proceedings, May \o-June 9, 1692. 409 

Putt to the Vote & trouble in England for or Original 

noe, and Carryed JournaL 

Putt to the Vote Trouble. Carryed the house 

Unanimously Guift. 

M r Speaker returnes in soe free & willing a manner 

bestow giueing the same, he as much resented 

Voted and ordered by the house & interest due from 

the Countrey to him being be sattisfyed & paid out of 

the ballance of Accounts due from Cap' Bourne to the 
Countrey. 

The aforesaid Ord r was drawne out and Deliuered vnto 
Maj r Smallwood signed by the Clk of this house. 

Voted that the bill of Exchange made ouer by the Countrey 
to M r Chesledyn if the same or any part thereof should not 
be receiued, the Countrey must make them good. 

Coll Jowles and M r Tench come from the Councill Board 
w th the returne of Seuerall Bills & papers. 

An Act for I4 d p Tonn read & passed the house the first 
reading. 

Ordered by the house that M r Larkins of Ann Arrundall 
County be paid 24 1 8 s y d from Cap' Bourne for publick 
Expences allowed him, being the full ballance of Acc ts due 
from the said Cap 1 Bourne, to the Countrey after his dis- 
chargeing a former paym 1 of 22 1 8 s st rl ordered to Maj r 
Smallwood. 

The said Ord r was drawne out and deliuered to M r Hamond 
for the said Larkins Use, Signed by the Clk of this house. 

An Act for Naturalization, read & passed the house the 
second Reading. 

An Act of Recognition read and passed the second reading. 

An Act for an Impost of 3 d p hhd, read & passed the 



,d 



o 



time & sent all to be Engrossed passed the third reading with 
amendm' and sent to the Councill board by M r Dent. 

An Act for Ascertaining the Expences of the Comission rs of 
the Provinciall & County Courts, read & passed the second 
reading-. 

M r Tench Comes from the Councill board w th a Law Drawne 
vp, prohibiting Trade, with the Indians, with out Lycence 
from the Gouerno r for the per u sail &. approbation of this 
house, and the same was voted out of the house. 

Morrow Morning 7 of the Clock. 

these following Memb rs Viz' 

The M r some Urgency of Affaires goe 

(after the breaking vp of the house 



4io Assembly Proceedings, May \o-June 9, 1692. 

Original M r his appearance here & there read againe, & 

journal. as ^ Q t ^ e fi rst was told, he was presst away 

would be pleased to giue time and the same was 

referred till Mon the second Article for his ffusee, 

a way from Mattapany, he says that the Resi- 

dence, and that he was there sick, and in any hostility. 

The house tells him that the Garrison being Surrendered for 
the King free plunder of all Armes in the said Garrison taken, 
were lawfully due, M r Josephs produces the Articles of peace 
concluded on there, which were read but nothing of Capitula- 
tion for preserveing or keeping their Armes &c a being therein 
contained, they therefore Could not be restored, as to the 
third Article, for Coppyes made, for the Members of Each 
house concerning his project for bringing in of Money, he 
informes the house that he did (bona fide) cause Thirty Two 
Coppyes to be written, for the which he payd the Clks 
I00 ibtob a c ppy ) h e i s desired to with draw a while. 

Voted that the said M r Josephs be Allowed 3Ooo lbt0b in Con- 
sideration of the aforementioned Coppyes, the which was 
Endorsed vpon the Petition & sent to the Comittee of Acc ts 

M r Lynes Petition for Leave to bring in his Acc ts read & 
referred to the Comittee of Acc ts 

Ordered by the house that the iooooo lbtob as Likewise that 
other sume of Tobacco allowed M r Chesledyn yesterday for 
ballance of Acc ts made vp, be paid him in the Countyes on 
the Westerne Shore. 

M r Dent, & M r Wynne, acquainte the house of a Tryall to 
be held att the Councill Board, att which their Attendance 
was required, therefore prayed the leave of the house for the 
same, w ch was granted them. 

Coll Browne & Cap' Courts come from the Councill board 
w th Seuerall papers they acquainte the house that the Provin- 
ciall Court was adjourned till the Last Tuseday in September. 

M r Wynne Enters the house. 

M r LLewellin Comes from the Councill board w th certain 
papers concerning the report made by the Comittee of 
Secrecy, to the Convention for the pervsall & advise of this 
house therein, but he is told, that if the Councill, who are best 
knowing in the same, will be think fitt and Necessary, 

into some thereof 

An Act Ascertaining [the Commissioners' expenses in the 
Provincial and County] Courts read and passed 

An Act for ascertaining what laws are repealed within this 
Province] read & passed the second 

An Act for settle [ment of an annual revenue upon his 
Majestys Governor within this Province] passed the second 



Assembly Proceedings, May xo-June 9, 1692. 411 

The said Bill Certificate of vpon his Aco' Original 

putt in for his Comitte of Acc K for the pervseall of rM 

These are to Certi Expences &c a By Docf 

Moore 

By bill of Exch a :oo d 

Blakiston p ord r 2:08 

12:08 

Clk. 

Ordered that he haue Creditt giuen him for the said two 
Articles in his Account Yesterday remitted to this house, the 
w ch was accordingly done. 

The house Adjournes for an hour. 

The house againe Mett & were present as before. 

Comittee of Ace 15 repaire to the house. 

An Act for I4 d Tonnage, read & passed the second reading. 

An Act for Repealeing the Lawes Read. 

An Act for the Settleing the Moiety of the 2 s p hhd Impost. 

The aforesaid Bills were all deliuered to M r Speaker. 

Maj r Sewall Petitions for allowance for a Servant of his 
pressed away, as likewise for three horses he lost, and Con- 
sideracon for Corne & Oates Taken by the Soldjers. 

Putt to the Vote whether the Servant in the aforementioned 
Petition shall be proceeded ag* as a Runaway by his said 
Masf dureing his absence from him in the time of the Revo- 
lution, or noe, and Caried in the Negatiue. 

Putt to the Vote whether the Remainder of the Petition 
shall be answ r ed or Rejected, and Carryed by the Majority 
of Voices that it be Rejected. 

Voted and ord rd by the house that M rs Elizabeth Baker be 
allowed her Money due from the Countrey out of what Money 
(by intimation of the Comittee) is now in M r LLewellins 
hands. 

Coll Darnalls Petition for his Enlargem 4 &c. read as follows 
Viz' 

To the Honn rable the house of Assembly. 

The Humble Petition of Henry Darnall 
of this house humbly craues p r judice and Damage 

w ch Necessity fall under by sufficient time since 

as the disorderly the house will be his 

answere to yo r Pet r detesting assembly mett for 

Concerne he would there vnto, but favour- 

able as to giue y r Pet r does not much question but his 

to giue this house all the demands. 



412 Assembly Proceedings, May \o-June 9, 1692. 

Original That y r to his Ex ncy the Gouern r to intercede to this 

house in his Ex ncy left him to his further applicacon to 

the house not thinking it convenient to intermeddle with the 
Affairs thereof. 

The p r mises Considered as alsoe the inevitable ruine that a 
Confinem' at p r sent will bring vpon y r Pef and ffamily, he 
humbly beggs that this honn rable Assembly will be pleased 
either to release, or baile him vntill he can haue his Mast rs 
answere, or vntill such other time or vpon such tearmes as the 
house shall think fitt. 

And He will pray. 

Voted that the said Coll Darnall (vpon his Petition to this 
house) giueing Sattisfaction in those things formerly required 
of him (after his heareing out of England from his Lord shipp) 
according to his promise made, to this house be discharged 
paying his ffees. 

Voted that the said Coll Darnall pay to the Officer attend- 
ing this house 2OO lbt0b p diem dureing his Confinem 1 

Message from the Gouern r & Councill brought by Coll 
Hutchings & Read as follows Viz' By his Ex ncy the Gouerno r 
& Councill June 4 th 1692. 

The Act for publication of all the Lawes of this Province, 
this board conceiue to be a very good Law & therefore ought 
to be indefinite. 

The act prohibiting Trade w th the Indians for ffurs &c: 
ought alsoe to be indefinite and the board are still of opinion, 
that all Lawes made in the Lord Baltemores name ought to be 
abrogated, and his just right & Intrest in the Province to be 
secured by a suitable Law to pas this sessions in their Maj ties 
Names. 

The act for Advancem' of Coines this board think it Neces- 
sary to Continue for 3 yeares certaine at the least 

Signed p ord r John LLewellin Clk. 

The act restrayneing the encrease of horses in this province 
to Comence forth with vpon publication & to Continue for 3 
yeares. The Act obleiging the Colts to be gelded for three 
yeares successively & the Act its self may expire in a yeare 
or less if a Sessions happen J LLewellin 

Putt to the Vote whether the think fitt and carryed 

in the Affi thereof 

Putt to the Vote whether or Less p r sented. 

with iooooo lbtob 

M r Dent & M r Ha to the Grant giue 

The 



Assembly Proceedings, May \o-June 9, 1692. 413 

Mun Original 

Journal. 

The house again 

M r 

M r 
M r 

M r Dent 
M r Caru 

Then was read what 

Putt to the Vote whether all Revenue vpon their 

Maj ties Gouern 1 time being shall stand as now drawne, 

or the by the Councill) be incerted, and Carryed by the 

Majority of Voices to stand as now drawne. 

M r Clarke Enters the house. 

Letter from Coll Jowles directed to M r Speaker read in the 
house the purport whereof was for allowance for provisions 
spent vpon those soldjers raised by him in the begining of 
the revolution as Likewise for his owne pay & Services 
done &c: 

Putt to the Vote whether he shall haue Collonells pay 
allowed him for his service done or noe, and Carryed in the 
Neg-atiue. 

Putt to the Vote whether thankes of the house shall be 
returned to the said Coll jowles or noe, & Carried in the 
Affirmatiue, & the house doe Unanimously returne the said 
Coll Jowles thankes for his great Service done to the Countrey 
vpon the Late Revolution. 

The Cofnittee of Acc ts goe out vpon their Charge. 

An Act for i4 d Tonnage, read & passed third time & sent 
to the Councill board, by M r Wynne. 

M r Greenfeild & M r Jones sent to the Councill board w th 
some Lawes forgott to be signed by the Clerk of that board, 
who returne & say they deliuered the same. 

Message from the Councill board brought by M r Brookes 
which was read as followes Viz' 

By his Ex ncy the Gouerno 1 " & Councill in Assembly 
June 6 5h 1692. 
The house vpon their Explanation of the I4 d p Tone haueing 
declared their sentim ts thereof to be ffort duties belonging to 
and vested in the King, This board think it Necessary that of 
all Shipps & Vessells that shall hereafter Cleare the same be 
secured and Collected by the Navall Officers & Lodged in 
bank till his Maj ties pleasure therein shall be further knowne, 
and they are desired to provide accordingly 

Signed p Ord r 

John LLewellin Clk. 



414 Assembly Proceedings, May \o-June 9, 1692. 

Original Sheweth Councill board to Enquire when the Collection 

jouma. Countreyes Use, carried Likewise w th 

theire Report 
by M r Lynes the w ch house & voted and ord rd 

ticular Ace the w ch was their againe. 

the contempt Craue to Evidence Cood ord rd 

him to soe good a purpose accordingly w ch he was 

That that Thomas vpon 

Putt to shall be paid for his horse or allow 

for the same, & Carried by the small matter, & left to 

sue for the he Can. 

Putt to the Vote allowance he shall haue ; and carryed 

by the majority of Voices that allowed 8oo lb tob 

Hee is Called into the house. 

M r Speaker acquaints him with the Vote afore passed, whoe 
returnes the house humble thankes for the same, and soe 
Tooke Leave &c a 

Coll Darnall makes his appearance here, and Desires to 
know the sence of the house concerning his Petition pre- 
ferred, as to Allowance for the severall things therein speci- 
fy ed. 

He is told that the same was referred to the Comittee of 
Acc ts and that an answere thereto should be giuen him 
to Morrow. 

M r Addison & Cap' Courts come from the Councill Board 
w th the Act for repeale of the Lawes &c a which was read and 
passed the first reading. 

They likewise say that his Ex ncy desires a Conference with 
the house to Morrow Morning about tenn of the Clock. 

M r King & M r Ennalls ordered to Examine into the Body of 
the Lawes, to see whether they be all Signed by both houses 
or noe. 

The house adjournes till to Morrow Morning seaven of the 
Clock. 

Tuesday June 7 th 1692. 

The house againe Mett & were Called ouer & were absent 
these following Members Viz' 

Edward Wynne Esq ] M r Dent ] 
Maj r Camell ! M r Hawkins ! 

M r Tasker f M r Ashman f 

M r Biggers J M r Smith J 

Then was read what was done Yesterday. 
An Act for repeale of all the Lawes &c read & passed the 
second reading and sent to be Engrossed. 



Assembly Proceedings, May 10—june 9, 1692. 415 

Putt to the Vote whether or noe, the Riske of the original 

protest thisyeare; and Carr Run the risk of 

M r Wynne Enters 

Ordered that those in Money, and directions of 

the England: all the Comittee Memb rs Viz' 

Next, shall be and all such as allowed their 

Convention, To be Comittee of Ace 15 

M r Speaker w* the Chamber to the Conferrence yes 

Admitted. 

His Ex ncy acquaints them came vp to that board, 

which for some reason there, the which were Laid 

downe by his Ex DCy 

That the Act for I4 d Tonnage carryed such a Clogg along 
w th it, contrary to the intent of the body of the Law, therefore 
thought it properest that it should accrue to the Uses of the 
first intent. M r Speaker answeres th £ if he had knowne the 
Subject matter vpon which the Conference was desired, he 
should haue Consulted the house to giue answere to the same 
and therefore can att present say little therein till he receiue 
instructions from the house. 

That the Act limiting the Expences of the Justices of the 
Provinciall Court he thought it to be Unequal that those Gen- 
tlemen of the Councill that were likewise Justices of the 
Provinciall Court should not be allowed equall to the afd 
Justices left to Consideration of the house. 

That the Act for Impost of 4 d a Gallon vpon Liquo" be 
Considered off. 

That the Act for Navall Officers ffees, his Ex DCy thanked 
them for settleing the 30 s p Shipp vpon him, but withall told 
them that they Cutt off part of the same againe in alloweing 
noe thing to the Navall Officer referred to Consideration. 

That an Act had been sent downe from that board, for- 
bidding Trade w^ the Indians without Lycence from the 
Gouernor to which his Ex ncy tells them that Board had 
receiued noe answere as yett; therefore desires they would 
be mindfull of the same. 

That in the Act for publishing of the Lawes, he tells them 
there is noe fee ascertained. 

M r Speaker Answeres that they haue ordered a ffee of 
i200 lbtob the w ch his Ex ncy does say is too small, & therefore 
desires them to Consider furth r of it. 

The which Conferrence being Ended, M r Speaker w th the 
rest of the members returne to the State house, and take 
their places. 

M r tcthe Navall Act & sent to the Councill 

shall stand as now drawne was Endorsed & sent 



41 6 Assembly Proceedings, May io—yune 9, 1692. 

Original to that his horse press a horse tices of the 

jouma. p rov } nc i a vj accordingly altered Agent in England 

to Time, or noe, and Carryed in the 

Voted for the Countrey and that Sat Trouble 

in and about the same 

Voted that Vallue of 20 1 st rl be p r sent ed to Cap' Pagan 

for his kindness this Countrey. 

M r Ridgley has Engaged to furnish the said Money in Eng- 
land, the house promising to reimburse the Vallue thereof in 
Tobacco att 6 s p Cent in Ann Arrundall County. 

The house proceeds to settle the Clks: Severall allowances 
the which are ordered as follows, Viz' 

lbToba 

To Clk of the Councill 6000: 

To Clk of Assembly 6000 

To M r Lomax 55°° allowed soe 

much by reason of his Expences. 

To M r Griffith Jones 3000 

To M r Watkins 3000 

To M r Blayden 1600 

To M r Peter Dent 3000 

To the 2 dore keepers 1 200 Each of them 

To the Drufner 1600 

Voted whether an Imposition shall be putt vpon ffurrs or 
noe and Carryed in the Negatiue. 

Henry Dentons Petition for a Boate of his pressed away, & 
afterwards made use off by M r Lynes before the same was 
returned to the Owner and Likewise staved, the which being 
read and Considered off by the house, they thought fitt that 
Sattisfaction be made for the same out of M r Lynes publick 
Tobacco, and there vpon Ord rd that the sume of I400 lb tobacco 
be deducted out of the said Lynes publick dues to Sattisfye 
the said Henry Denton his Loss aforesaid. 

The purport of the said Ord r was Endorsed Upon the afd 
petition and Remitted to the Comittee of Acc ts 

Message from the Councill board brought by Coll Jowles 
& Coll Hutchins which was read as followes, Viz' 
Money, Tobacco 

vention to the 

Brought likewise yett for 

An Act prohi said) into & ordered that 

the first of October 

An Act inciall & County 

An Act for the house and were 

An Act for the passed the house . M r Speaker 

to Communicate to 

M r ffiney & Maj r to goe home, which was granted them 

The house adjournes Nine of the Clock. 



Assembly Proceedings, May \o—June 9, 1692. 417 

Wednesday 1692. Original 

Journal. 

The house again Mett and were Called ouer & were absent 
these following Memb rs Viz' 

Maj r Caruell M r Ashman ] 

M r Hanson M r Smith ! 

M r Dent M r ffinney • 



M 1 



Hawkins Maj r Tripp J 



Then was read what was done Yesterday. 

Information made by a Member of this house, that one of 
the Delegates of An-Arundall County was about Two dayes 
before this Sessions of Assembly arrested & Taken by a 
Comon Capias,' by the Sherriffe of the said County contrary 
to the Rights & privilidges of this house, and there vpon 
Voted a great breach of priviledge & ordered that the said 
Sherriffe be Caused to giue in good security to Answere the 
p r mises the Next Sessions of Assembly. 

Voted that a bill be brought in for an Impost of four pence 
p Gall vpon all Liquores imported into this Province, Except- 
ing such as come from England, and the Money to be Lodged 
in a Receiuer Gen lls hands. 

The said Bill brought in, and was read & passed the house 
the first & second reading and was sent to the Councill for 
their pervsall. 

Coll Browne comes from the Councill Board w lh the follow- 
ing Bill, Viz c 

A Bill Enableing one Burgess out of every County to Laye 
the publick Leavye of the province, the which was read & 
passed a third reading with the Amendm' desired, and sent 
back againe to the Councill by M r King whoe returnes & sayes 
he deliuered the same. 

Cap' Courts Comes w th the Returne of the afore mentioned 
Bill passed that Board the which was sent to be Engrossed. 

Merchant to be Agent for this their Maj' ies first 

reading, and sent by M r & Rejected, 

read & Rejected, 
here this Assembly read 2000 Ib tob or 1 200 115 tob 

and 20oo lb Tobacco. for the Countreys Vse 

Moued by a of Coll Jowles vpon to be made 

putt to the Vote whether & Trouble vndertaken 

Tobacco p poll or i lbtob p poll: 
that he be allowed 2 lb tob p poll 

Voted be allowed (the quantity of the as yett 

vncertaine) the Sume of 20000" 5 tobacco. 

Voted and Ord rd by the house that M r Lynes Acc ts now 
Lodged in the Comittee be Regulated & allowed him by the 
Comittee appointed to laye the Leavye att the ffall. 



41 8 Assembly Proceedings, May \o—Jitne 9, 1692. 

Original Voted that noe more Tobacco be Allowed this Assembly. 
journal. rj-^ k ouse Adjournes for an hour. 

The house again Mett and were p r sent as before. 

M r Vanderhayden moues this house that a Will of Augustin 
Hermans being torne out of the records, as Likewise the 
Originall lost, does therefore here produce a Coppy of the 
aforesaid Will, intimateing likewise that M r Edward Jones 
and M r Samuell Wheeler both Members of this house were 
Wittnesses to the said Will, desireing the same may be putt 
vpon Record. 

Voted and ordered that the same be Entered vpon Record 
accordingly". 

Coll Hutchins Comes from the Councill w th the Returne of 
the Act appointing Peter Pagan Agent for their Maj ties prov- 
ince of Maryland Signed and passed that Board. 

Complainte made by a Member of this house that one 
James Robinson has in an Egregious manner abused M r 
Edward Boothby a Member of this house to the great Con- 
tempt & abuse of the Authority of the same itt was there 
vpon ordered that the Officer attending imediately take into 
his Custody the body of the said James Robinson soe that he 
haue him here forth comeing to Answere the premises. 

The said Officer after some short time accordingly here 
produces the Body of the said James Robinson, and is ordered 
to Carrye him out againe 

Putt to the Vote whether M r Ashman & M r Bigger Two 
Members of this house, shall be fined iooo lbtob or 400 lbtob a 
peice for absenting themselues these severall dayes without 
Leave of the house & Carryed by the Majority of Voices that 
they be fined iooo lb tobacco each. 

Two Addresses Drawne vp to be that the severall 

Members board 

An Act for paym' read and passed 

M r Speaker with Councill Chamber and the 

same 

The house Morning 

The house again from New Yorke, the which (after 

Viz c 

That it belongs to Warr, and therefore swere 

to be giuen to the aforesa 

The same was sent 

Voted that what Money the Gouerno r vpon ace' of 

the Moyety of the reimbursed by the Countrey to his 

Ex ncy or heires. 

Voted that the Money due from Cap' Bourne & Maj r King 
(out of the Moiety of the 2 s per hhd to the Countrey) may be 



Assembly Proceedings, May \o-June 9, 1692. 419 

refunded to his Ex ncy in part of pay of what the Countrey is Original 
found indebted to his Ex ncy as likewise the Ballance of the J ournal - 
Bills Left in Cap' Blakistons hands. 

M r Lynes Acc ts putt in and Referred to the Cofnittee 
appointed to Lay the Leavye in October Next. 

Voted that a petition be drawne to his Maj tie & Signed by 
the Speaker that his Maj tie will be pleased to Ord r that the 
Gouern r here be refunded all such Moneys as he disburses 
for the Vse of the Countrey, out of the Twenty fiue Shipps 
which went out of this Province in the yeare 1690: without 
Cleareing, the which was accordingly done as followes Viz' 

To the Kings Most Excellent Maj' y 
The Humble petition of your Maj ties faythfull Loyall and 
obedient Subjects the Representatiue body of this y r Maj"" 
Province of Maryland now Assembled. 
Sheweth. 

That yo r Maj te was pleased in y r gracious Lett/ in the yeare 
1690 to the then p r sent Governm' of this Province, w ch was the 
Convencon of the ffreemen of the same, freely & indifferently 
chosen out of each County ; to Comand them to *pmitt the L d 
Baltemore to receiue his Revenues here Ariseing ; onely 
reserveing what had beene usuall for support of the Gouerm' 
In Obedience therevnto they haue yearely sent for England 
the I2 d p hhd given for that End and purpose, of all such 
Shipps that Cleare in this Province, and haue defrayed all 
Publick charge of Gouerm' by Tobacco Equally Leavyed vpon 
the Inhabitants thereof. 

Maj ty before the Arrivall of y r had disposed of 

by the said Imposicon Gouernm' By which 

of a great part of this & Settlem' of the 

Matter there is noe Province in the yeare 1690 with 

the said Imposicon which he 
The premises Petition" and Sacred Maj ty that 

the discouered may be Maj ties Gouern r in Consid- 

eracon of Support of the Gouernm' before 

Obedient Subjects as in duty 
for y r Long and prossperous 

The house Adjournes till Twelve of the Clock. 

The house againe Mett and were p r sent as before. 

Message sent to the Govern r & Councill by Cap' Whittington 
& Docf Brookes to know whether that Board will be pleased, 
to pass and signe those Lawes they haue before them or 
whether they haue any thing more to Offer to this house. 

They returne & say that an Answere thereto will imediately 
be giuen. 



420 Assembly Proceedings, May \o—June 9, 1692. 

Original Message from the GouerrT and Councill brought by Cap' 
journal. Addison and M r Brookes which was read as followes Viz' 

By the Hon ble Councill June 8 th 1692. 

1 This board -puseing the Act for paym'of the publick charge 
find an Article to his Ex ncy the Gouernor as a Gratuity w ch this 
board conceiue is very vnsuitable for his great charge trouble 
& Vnd r takeing in the peaceable and happy Setlem' of the 
Gouernm' of this Province especially considering a larger gra- 
tuity giuen to a -pson of an Inferio r capacity in the same Act 
allowed, which this board desire may be Rectified. 

2. This board finding that in M r Lynes ace' of publick 
Expences of this hon rble Councill, that each perticuler Article 
is charged to their perticuler acc ts w ch as this board is informed, 
the said Lynes is Ord rd to referr himselfe to them for Sattis- 
faccon, Notwithstanding by his Exencys Speciall Comand 
they came downe to Attend him vpon his arrivall and vpon 
Surrender [of the government, and since] called downe vpon 
other [emergent occasions, which also this Board] desire may 
be rectified]. 

3 This board Likewise [desire that some consideration may 
be taken in] Relation to the last [year's levy, that your House 
would] propose some [method of full satisfaction of all Bills] 
of Exch a [drawn by the naval officers that are in the country] 
and others [that may come in protested on the same account 
next] Shipping Wherein if due care [be not taken it will 
destroy and render] the Creditt of the Countrey [insignificant 
and poor, very injurious] to many good people [living in and 
trading to the same]. 

[Signed per order 

W. Taylard, Clk. Assistant] 

Answere to the 
By the house 

This house are very well votes & will not receed 

from them and as will be Considred at the Laying of 

the Leavy. Signed -p Ord r 

Hen Denton Clk Assembly. 

The same was sent by M r Hamond, Docf Brookes M r Watt- 
son M r Greenfield & M r Ennalls whoe returne and say they 
deliuered the said Message. 

Act for publick assessm' Signed by this house and sent to the 
Councill board by M r Ennalls & M r Maddux for their signeing 
& Assent 

M r Tench and Cap 1 Courts come from the Councill board 
w th the returne of the afd Law passed there, the which was 



Assembly Proceedings, May \o-June 9, 1692. 421 

Endorsed the third reading, and sent back again to the Coun- Original 
cill board by M r Pinder M r Wattson & M r Sanders. JournaL 

Att the Request of M r Ridgeley, the Sherriff, of Ann 
Arrundell County is discharged from the Censure of the Vote 
of this house yesterday passed against him. 

M r Pinder, M r Wattson and M r Sanders returne from the 
Councill board and say they deliuered their Message, and w th 
all that his Ex ncy desired the house would walke up to see the 
Lawes Signed. 

M r Speaker with the Rest of the Members of the house goe 
vp to the Councill Chamber accordingly where were signed 
by the Gouern r and passed vnder the great Seale of the Prov- 
ince these following Lawes Viz' 

[An Act for the Service of Almighty God, and] the Estab- 
lishment of the [Protestant Religion within this Province]. 

[An Act concerning what shall be allowed to the] Grand 
Juryes that are [summoned out of the body of this Province 
to attend] Provinciall Courts. 

[An Act Concerning those Servants that have Bastards] 

An Act [providing what shall be good evidence to] proue 
fforraigne Debts. 

[An Act prohibiting all Masters of Ships or Vessels] or any 
other pson from Transporting or conveying away any pson 
or] psons out of this Province with[out Passes]. 

An Act [for the encouragement of the importation] of 
Nigroes into this Pro[vince] 

An [Act for securing the Rights of] Severall psons. 

An Act [for limitation of certain actions for a]voideing 
Suites att Law. 

An Act [for quieting Possessions] 

An Act [prohibiting Comm rs Sheriffs] Clks and Deputy 
Clks to plead as Attorney[s in their respective] Courts. 

An Act prohibiting trade with the] Indians for any mesh 
dead or a Liue Except deere and Wild 

An Act for the more speedy bringing to tryall and sup- 
pressing Criminalls and Limiting their punishm ts for Certaine 
Offences when prosecuted in the County Courts. 

An Act for Appeales and Regulateing writts of Error. 

An Act concerning Negroes and Slaues 

An Act for the Restraining the Unreasonable Encrease of 
horses in this Province. 

An Act for Regulateing Ordinaryes & lymitting the Num- 
ber of them within this Province. 

An Act declareing what shall be Done by the Sherriff Ex 
Officio. 

An Act concerning the hight of ffences. 



422 Assembly Proceedings, May \o—June 9, 1692. 
Original An Act for Naturalization of John Ouldson & Mathias Van- 

Journal. derhayden< 

An Act for secureing Merchants & others Tob a after they 
haue Receiued it. 

An Act Impowering Cofnission" of the County Courts to 
Leavy and raise Moneyes to defray the Necessary Charges 
of their Countyes. 

An Act for publication of all Lawes with in this Province. 

An Act for the Election of Sherriffs. 

An Act for payment of ffees due from Criminall psons. 

An Act Touching Coopers & the gage of Tobacco hogs- 
heads. 

An Act for Limitation of Officers ffees. 

An Act for Limitting the County Clerks ffees w th in this 
Province 

An Act ag' Burners of ffences 

An Act Relateing to the Seizure of Tobacco by the Sherriffe 

An Act for Marking high wayes & makeing the heads of 
Rivers Creekes and Branches or Swamps passable for horse 
& futt 

An Act for the better administration of Justice in probate 
of Wills granting Admacons Recouering of Legacies and 
secureing ffilliall portions. 

[An Act prohibiting foreign Ingrossers] 

An Act for the Enrollem' of [Conveyances and securing 
the Estates of] Purchasers. 

An Act prohibiting [arrests upon Sabbath days and days 
of general] Muster and Tr[aining] 

An Act again [st Ingrossers and Regrators] 

An Act for [ascertaining the Expenses of the Comm rs of 
the Provincial and County Courts.] 

An Act for [the publication of Marriages] 

An Act for [the due recording of all the Laws in this Prov- 
ince in] the Secretary's Office] 

An Act for [the fourteen pence tonnage] 

An Act for [settling Naval Officers fees within this Prov- 
ince] 

An Act for [the Ordering and regulating the Militia of this] 
Province for [the better defence and security thereof] 

An Act for Takeing [away all errors in Proceedings at] 
Law and equity and in the [Court for probate of Wills occa- 
sioned by] the late Revolution. 

An Act against [hog-stealers and marking of hogs] 

An Act for appointing [Court days in each respective] 
County w th in this Province. 

An Act for the Easem' of the [inhabitants of this] Province 
in suites of Law for Small Debts. 



Assembly Proceedings, May \0-Ju71e 9, 1692. 423 

An Act ascertaining what damages shall be allowed vpon Original 
protested bills of Exchange Jouma ' 

An Act for keeping a Register of Births Marryages & 
Burialls in each Respectiue County. 

An Act for preventing vexatious & vnnecessary suites at 
Law. 

An Act for Encouragm' of Tillage & Raiseing Provisions 
for Advancem' of Trade within this Province. 

An Act for Recording the Journall of the house of Assembly. 

An Act concerning Indians 

An Act Relateing to Servants and Slaues. 

An Act for Encouragem' of such -psons as will undertake 
to build Water-Mills. 

An Act for the Secureing Creditors. 

An Act for the Constables takeing a List of Taxables. 

An Act Limiting the Extent of Attachments and provideing 
what shall be Leavyed on Attachem' 5 & Executions. 

An Act imposeing a penalty on all such who shall dispose 
of Tobacco Seized and Receiued by the Sherriffs and others". 

An Act for Stay of Executions after Aprill Courts 

An Act for Killing of Wolues. 

An Act for the better administracon of justice in the County 
Courts of this Province. 

An Act for Amercm" in the Provinciall & County Courts. 

An Act for appointing Coroners in Each Respectiue County 

An Act for the appointment of certaine Officers. 

An Act for Punishm' of -psons Suborning of Wittnesses or 
Comitting wilfull and Corrupt perjury. 

[An Act for the settlement of an annu]all Revenue vpon 
their Maj" es [Governor within this Province for the] Time 
being. 

Comision rs of the Province 

[An Act against excessive Usury] / ' 

[An Act for the preservation of the several] harbours w th in 
this Province 

[An Act for the preservation of Orphans real] Estates. 

[An Act against the Exportation of Wool and old] Iron. 

[An Act restraining the Exportation of leather] and Raw 
hides, [Deer and Elk Skins of this Province for the] encour- 
agement of [Tanners and Shoemakers] 

[An Act for the Settling of a standard with English] 
Weights and Measures [within the several and respective 
Counties in] this Province. 

[An Act for the advancement of Coins] 
[An Act against the importation of convicted] felons into 
this Province 



424 Assembly Proceedings, May \o-June 9, 1692. 

Original An Act [directing the manner of electing] and Sumoning 
journal. Delegates an d Representatives to serve in succeeding] 
Assemblyes 

An Act [concerning Proceedings at Law] 

An Additional Act to the Act for] the Regulateing Ordi- 
naryes & Limitting [the number of them] within this Province. 

An Act against Divulgers of false News. 

An Act for Naturalizacon 

A Supplementary Act to the Act for the Settlement of An 
Annuall Revenue vpon their Maj" es Gouern r w th in this Prov- 
ince for the time being 

An Act for the Imposition of four pence p Gallon on liquors 
imported into this Province. 

An Act prohibiting Trade w th the Indians. 

An Act of Repeale of all Lawes here to fore made in this 
Province and Confirmeing all Lawes made this Generall 
Assembly 

An Act appointing Peter Pagan Merchant to be Agent for 
their Majesties Province of Maryland. 

An Act Enableing one Burgesse out of each County to lay 
publick Leavy of the Province for this Present yeare 

An Act for payment and assessing of the Publick Charges 
of this Province. 

The aforesaid Lawes were Signed and Subscribed by the 
Gouern r thus Viz' 

June the 9 th 1692. 

On the behalfe of their Maj ties King W m & Queen Mary, I 
will these to be Laws. L Copley. 

Afterwards his Ex ncye acquaints them w th this Resolution of 
Adjourning the Assembly and accordingly Ord rs M r Speaker 
to adjourne the house vntill the 20 th day of October Next 
ensueing whoe therevpon with the Rest of the Members of 
the house repaire to the State house againe and take their 
places. 

Voted and Ordered that the I4 d p Tonn be lodged in some 
secure & safe hand vntill such time as his Maj ties pleasure be 
further knowne in the same. 

Then M r Speaker with (complyans) to his day 

of October soe Ended this the fourth Lady 

King 



Assembly Proceedings, May \o-June 9, 1692. 425 



Maryland ss. N b 'i L ' L ' 

Att an Assembly held at the Citty of S' Mary's on the Tenth p * '" 
Day of May Anno Dom. 1692. And in the 4 th Year of the 
Reign of Our Soveraign Lord & Lady William and Mary by 
the Grace of God of England Scotland France and Ireland 
King and Queen &c a These Acts following were made. 



An Act of Recognition 

Wee your Majesties most humble and Loyall Subjects of 
this your Majesties Province of Maryland the Governor and 
Generall Assembly do beseech your Most Excellent Majestys 
that it may be Publish' d & declared in the Generall Assembly 
and Enacted by authority of the same. That we do Recognize 
and Acknowledge your Majestys are and of Right ought to 
be by the Laws of the Realme of England Our Sovereign 
Liege Lord and Lady King and Queen of England Scotland 
France and Ireland and the Dominions thereunto belonging 
in and to whose Princely Persons the Royall State Crown & 
Dignity of the said Realms, w th all hono rs Stiles Titles Regali- 
ties, Prerogatives, Powers Jurisdictions and Authorities to the 
same belonging & appertaining are most fully rightfully & 
intirely invested & Incorporated united and Annexed 

June the 2 d 1692 
The house of Assembly have Assented 
7 th June 1692 Signed p Order 

Assented to by the Councill Board Hen: 

Signed p Order W: Taylard Clk Assit' 

An Act for the Service of Almighty p. 2 

God and the Establishment of the Protestant 
Religion within this Province 

Forasmuch as in a well Governed Commonwealth Matters 
of Religion and the Honour of God ought in the first place to 
be taken in serious consideration, and nothing being more 
acceptable to Almighty God, then the true and Sincere wor- 
ship and Service of him according to his Holy Word Bee it 
therefore Enacted by the King and Queens most Excellent 
Majestys by and w th the advice & consent of this present 
Generall Assembly and the Authority of the same That the 
Church of England within this Province shall have and Enjoy 
all her Rights Liberties and Franchises wholly inviolable as is 



426 Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. now or shall be hereafter Established by Law, and also that 
°° Io the Great Charter of England be kept and observed in all 
points, and forasmuch as the Sanctifying and keeping holy of 
the Lords Day commonly called Sunday is and hath been 
Esteemed by the present and all primitive Churches and 
People a Principall and Cheif part of the said Worship, which 
Day in most places of this Province hath been and still is by 
many wicked Lewd and disorderly people Prophaned and 
neglected, by working Drunkeness Swearing Gaming 8z other 
unlawfull pastimes and debaucheries, for remedy whereof, 
for the future 

Bee it Enacted by the King and Queens most Excellent 
Majestys and by and with the advice and consent aforesaid. 
That from and after the publication of this Law no Person or 
Persons v/ithin this Province shall work or do any bodily 
?• 3 Labour or Occupation upon any Lords Day commonly called 
Sunday, nor shall command or wilfully suffer or permitt any 
of his or their children Servants or Slaves to work or labour 
as aforesaid (the absolute works of necessity and mercy allways 
Excepted) Nor shall suffer or permitt any of his her or their 
Children Servants or Slaves or any other under their Authority 
to abuse or Prophane the Lords Day by drunkenness, Swear- 
ing Gaming, fowling fishing, hunting or any other Sports 
Pastimes or Recreations whatsoever. And if any person or 
persons within this Province from and after the Publication 
hereof, shall offend in all or any the premisses, he she or they 
so offending, shall forfeit and pay for every offence one hun- 
dred pounds of Tobacco, the said Offences being done, any of 
them being done in view of any Justice of the Peace Magis- 
trate or other head Officer of any County Citty or Town Cor- 
porate within this Province within their limmitts respectively, 
or being proved upon Oath by two or more Witnesses, or by 
the confession of the party offending, before any such Justice 
Magistrate or head Officer within their severall Limitts respec- , 
tively wherein such Offence shall be committed, to which end 
every Justice Magistrate or head Officer shall have power by 
this Act to administer an Oath to any such Witness or Wit- 
nesses, any of which sum or sums of Tobacco so forfeited 
shall and may be Executed and levyed by the Sherriff under 
Sherriff or Constable by Warrant to any one of them directed 
from any such Justice or Justices of the Peace Magistrate or 
other head Officer as aforesaid within their severall Limitts 
where all or any of the said Offences shall be committed or done 
by distress and sale the offenders goods, rendring the Party 
overplus or they shall be recovered by bill plaint or Informa- 
tion, by any person or persons that will sue for the same, in 
any of their Majesties Courts of Record within this Province 



Assembly Proceediv.r _ May \o-J-une 9. 1692. _:- 
All which forfeitures shall be Impioyed to and for the use of I*, l. l 



the Poor of the Parish Citty or Bourrough where such Offences 
shall be comitted of the which the said justices Magistrates 
head Officers Sherriffs or Constables shall render an Accompt 
at the next Court to be holden for the Respective Counties 
Citties or Burroughs. And in default of such distress the 
Sherriff under sherriff or Constable are hereby authorized ana 
impowered to bind thern over to the next Court to be holden 
for the County Citty or Burrough respectively, and to be 
during- the Interval! of good behaviour 

And be it likewise Enacted by the Authority aforesaid that 
no ordinary keeper Master or Mistress of a family trcrn and 
after the time aforesaid either directly or indirectly by any 
Colour or pretence whatsoever (unless in case of absolute 
necessity) shall or may uppon any Lords day as aforesaid sell 
any strong Liquor whatsoever to any person what soever or 
knowingly or wittingly suffer or permitt in or about his her or 
their house or houses, any Tippleing Drunkeness or gameing 
Exercise or pastime whatsoever as aforesaid being convicted 
thereof by two Sufficient Witnesses under the penalty" ot two 
thousand pounds of Tobacco, the one Moyety or one half 
part thereof to their said Majes" 5 their heirs or Successors to 
the support of the Government and the other half to hirn or 
them that shall sue for the same, bv bill oiaint or Information 
in any Court of Record within this Province, And if any ordi- 
nary keeper, to loose his Licence. And for the raising of a 
Supply of the Ministry and the Maintenance of the ministers 
of Gods word and Sacraments 

Bee it Enacted by the Authority aforesaid that the severall p 
Commissioners and Justices of each respective county within 
this Province shall at some convenient time between this and 
the first day of September next ensuing, meet togeth r at the 
respective places of holding the Courts for the same Counr. s 
and shall give notice to the most principal! Freeholders of the 
severall Counties to attend them at the said time and place of 
meeting to be by the said Comiss ra and Justices appointed, 
ten days before the same and thereby and with the advice of 
the principal! freeholders aforesaid, so many of them as the 
said Commissioners and Justices shall call to their Assistance 
divide and lay out their severall and respective Counties into 
severall districts and Parishes so many as the conveniency of 
each respective county and the scituation of the same will 
afford and allow of, as in the discretion of the said Justices with 
the advice aforesaid shall be thought convenient A_nd the 
same districts and Parishes the said Justices shall cause to be 
laid out by meets and Bounds and fair certificats of each Parish 
with the most evident and demonstrable Bounds of the same. 



No. 1. 



4 



428 Assembly Proceedings,- May 10- June 9, 1692. 

Lib. l. l. return to the next County Court to be held for the said 
No ' '* County, which the said Justices at their County Courts as 
aforesaid shall cause the Clerk of the said Court to enter the 
said certificate uppon Record, and draw a fair Copy thereof, 
affixing his name and the Seale of said County thereunto and 
Transmitt the same with all convenient speed to the Gov r and 
Councill of this Province to be kept on Record in the Councill 
Books, for which the said Clerk shall be allowed as for other 
matters recorded to be paid by the severall counties, and 
for the more sure and certaine Effecting of the same, the 
severall Justices of the severall Counties within this Prov- 

p- 6 ince, which Clerks aforesaid are hereby enjoyned and 
required to do and perforate the severall Injunctions requi- 
site and parts of this Law under the penalty of five 
hundred pounds of Tobacco to every Justice failing in 
the premisses, and to the Clerk one thousand pounds of 
Tobacco to be recovered in their Majestyes names in any 
Court of Record in this Province and Employed to the use of 
the Parrish where the said Offender shall reside and the Sev" 
Parishes being laid out limitted and bounded in the severall 
Counties within this Province as aforesaid the Freeholders of 
each Parish do within some convenient time within two months 
as by the Justices of County Courts aforesaid shall be ap- 
pointed, meet together at the most convenient place in the 
said Parish to be also appointed by the Justices aforesaid, 
and there make choice of six of the most able men of the 
said respective Parishes to be a Vestry for each respective 
Parish as aforesaid, who are hereby Authorized Impowered 
and required to take care of preserve and Imploy all such 
Tobaccos, Wares, goods and Merchandizes as by this Act 
or any other Act hereafter to be made, or by any other 
waies or means whatsoev r shall be given or granted raised or 
allowed to the use of the Church or Ministry of the said Parish 
to which they belong. To which end and purpose the said 
Vestrymen or the Major part of them when and as often as 
need shall require shall meet together and have a Clerk to 
attend them to take the accompt of all such Tobaccos, Goods, 
Wares and Merchandizes as by any means as aforesaid shall 
accrue to the use of the Ministry in the Parish aforesaid, and 
with the first Tobaccos goods Wares and Merchandizes as 
aforesaid, shall erect and build in the most conven' place of 
the said Parish, one Church or Chappell in such Dimentions 

p. 7 and Proportions and in such Methods and ways as by the said 
Vestry men in their discretion and Judgement shall think fitt 
and convenient (such Parrishes as already at the time of the 
laying out of the same shall appear to have churches and 
Chappells already built in them Excepted) the said Vestry 



Assembly Proceedziigs, May \o—June 9, 1692. 429 

men alwayes keeping a Record how and in what manner they Lib. l. l. 
shall execute and performe the severall Trusts in this Act re- No - u 
posed in them and also shall procure yearly and every year 
from the Constables within each hundred within their Parrishes 
aforesaid or by such other waies or means as to them shall 
seem expedient a true & just accompt and list of all Taxable 
Persons within their Parrish aforesaid and the same yearly and 
every year cause to be recorded amongst their other Proceed- 
ings, the better to Enable them to know what sum or sums of 
Tobac° to demand and require of the Sherriff of the County 
for the use of their Parish aforesaid, as by this Act hereafter 
shall be raised for the uses aforesaid, That is to say, That a 
Tax or assessment of forty pounds of Tobacco -p pole be yearly 
and in every year raised and levyed upon every Taxable 
Person within each Parrish aforesaid, and to be collected and 
gathered by the Sherriff of the County in manner and form as 
the publick or County Levies hitherto have and still are col- 
lected and gathered which said Sherriff is to make punctuall 
payment of the said Tax or Assessment to the Vestrymen of 
each Parrish as aforesaid, of so much Tobacco as by the Tax 
aforesaid shall be raised w lh in each Parrish, the said Sherriff 
deducting his Salary for collecting the same, five pounds of 
Tobacco -p Cent, which said Tobacco so Assessed and raised 
as aforesaid shall always and after the building of a Church or 
Chappell w th in each Parrish as aforesaid be appropriated and 
applyed by the Vestrymen aforesaid to the use and benefit of 
the Minister of that Parrish if any Minister Inducted into the 
same, But if no Minister be Inducted into the Parrish, then the p. s 
same Tobacco or such part thereof as by the said Vestry men 
shall be thought convenient to be kept and made use on for 
the necessary reparations of the Church or Chappell aforesaid 
or other pious uses at the discretion of the Vestry men afore- 
said. And to the end that any gift bequest Grant ordination 
or appointment by any person or persons which shall be so 
piously inclined either by their last Wills and Testaments or 
by Deed Executed in their life time to give grant or anyways 
appoint or bestow any sum or sums of Money Tobaccos 
Goods or Chattells Lands Tenements or hereditaments of 
what nature or kind soever for the use and benefit of any 
Minister or Ministers or to the Ministry or Poor of any 
Parrish or Parrishes within this Province, the Vestrymen for 
the same Parrish by this Act are Impowered and Authorized 
to take the same into their Custody and Possession and apply 
to the use and intent of the Donor or Donors And the better 
to enable them to recover and receive the same, they are here- 
by fully and absolutely Empowered Authorized and Qualified 
to prosecute and maintein any Action or Actions whatsoever, 



430 Assembly Proceedings, May io-June 9, 1692. 

Lib. l. l. whether reall personal! or mixt for the Recovery of all or any 
the premisses aforesaid from any Person or psons that shall 
hold or deteine any of the goods or chatties Tenem" or 
hereditaments as aforesaid, given and granted & otherwise 
app td to the uses aforesaid, or for any damages accruing by 
any Trespass uppon and in the premisses or any of them, and 
in the Prosecution of any Action or accons as aforesaid to 
p 9 prosecute Act and do in the nature and amply as a body 
Politick or corporate might or could do for the recovering of 
the same and preserving of the p r misses aforesaid in any 
Action or Actions to be comenced as aforesaid in the Writt 
and Declaration and other proceedings of the same the prin- 
cipall Vestrymen shall be named together with the other his 
Vestrymen as aforesaid for the Parrish especially appointed 
by Act of Assembly any Law Statute or useage to the con- 
trary hereof in any wise notw th standing„ A.nd when any 
Vestryman or Vestrymen shall at any time hereafter happen 
to dy or depart this life or out of the Parish to which he or 
they belonged, It shall and may be lawfull to the other Vestry- 
men who are hereby enjoyned at their next meeting to make 
choice of such other able person or persons residing and being 
Freeholders in the Parrish aforesaid to make up the number 
of such deceased absent Vestryman or Vestrymen as afore- 
said. This Act as to the raising and Assessing a Support by 
the Pole not to commence or be in force untill after the Tenth 
Day of March next, but as to all other parts thereof, from and 
after the Publication of the same. 

June 2 d 1692 June 2 d 1692 

Assented to by the Council Board. 

Signed p Ord r The house of Assembly have 

John Llewellin Clk. Assented 

Signed p Ord r 

Hen: Denton Clk. 



p- 10 An Act for the better Administration of Justice 

in Probate of Wills granting Administrations 
recovery of Legacies and securing fillial 
Portions 

Whereas for the more due Administration of Justice it is 
most necessary that there be a Settled succession from the 
Dead to the living and that the Wills of all persons dying 
(who in their life time make their Wills) & may be duly 
proved and Letters of Administration of all Persons dying 
without wills may be granted to such persons who have the 
best right to succeed thereto, That there may in that case be 
no failure of Justice, but that it may be duly Administred within 



Assembly Proceedings, May 10— June 9, 1692. 431 

this Province, and all Legacies speedily Recorded and filiall Lib. l. l. 
portions & Orphan Estates duly secured and easily obtained No - l ' 
ordained to the true intent of the Laws heretofore made now 
still in force or hereafter to be made Bee it Enacted by the 
King and Queens most Excell' Majesties by the advice and 
consent of this present Gen 11 Assembly and by the Authority 
of the same. That the Judge or Comissary Generall for the 
Probate of Wills and granting of Administrations shall hold 
his Court onc't in two months at the least or oftner as the 
case shall require, regard being had to the distance of habita- 
tion of the suiters of the said Court and the dispatch of For- 
rainers who have frequent occasions to seek Justice in the 
Court for probate of Wills and Granting Administration before 
the Judge thereof. And for as much as certainty is the mother 
of repose and that our dependance upon England oblige us 
to make all our Laws as near as may be consonant to the p- " 
Laws of England Bee it further enacted by the authority 
aforesaid That the Judge for the probate of Wills & granting 
Letters of Administrations within this Province in all causes 
relating to Wills and granting Letters of Administrations 
shall proceed according to the Laws of England now in 
force or hereafter to be in force w th in twelve months after 
such Law shall be Published in the Kino-dome of England 
if pleaded before him here, saving in such cases as shall 
in this Act be limmitted or shall hereafter be limitted by 
Act of Assembly of this Province as utterly Impracticable 
in this Province Provided alwais th' it shall and may be law- 
full for the Judge of probate of Wills to prove any last will 
in this Province even although it concern tittle to Land, any 
Law usage or custome to the contrary notwithstanding, And 
to the end that filiall porcons may be secured to the children 
of all persons dying Intestate and Legacies paid to Legatees 
of persons who make wills Bee it likewise Enacted first that 
the Judge for Probate of Wills and granting of Administrations 
shall Call all Executors & Admin rG to Acco' for the Estates of 
persons deceased within twelve months next after administra- 
tion comitted, And if any Administrator shall faile to give an 
Account within the time aforesaid being lawfully thereunto 
cited, That then the said Judge shall revoke the first Lett rs of 
Administration to such administrator committed and shall 
grant Administration de bonis non administrat. to some other 
person as in his discretion he shall think fitt, which said 
Administration duly appointed shall give security as all Ad- 
ministrators do and shall so sue and implead the former 
Administrators before the Judge afores d for an Accompt of P . 12 
the Estate of the Intestate, And in case it shall appear to the 
Judge aforesaid that the former Administrator hath wasted or 



43 2 Assembly Proceedings, May io—'June 9, 1692. 

Lib. l. l. Imbezelled the estate of the Intestate then the Judge shall 
* °' L assign the Bond entred into by the former Administrator and 
his security unto the latter Administrator to be relieved against 
them for such wasting and Imbezelling 

That the Judge upon acco' given by the first Administrator 
as aforesaid shall make division of the clear Estate of the 
Dec d after debts paid and funerall expence defray' d, that is to 
say shall allow to the Widd or Relict of the said Intestate if 
any such be one full third part thereof, and the other two thirds 
shall be equally devided between the children of the said dec d 
(if any such be) and if no such be then between the next of blood 
of the Intestate, and after such division made, shall transmitt 
the accompt thereof to the Justices of the severall and respec- 
tive County Courts, who are by this Act appointed authoriz'd 
and enjoyned to put the persons Lands Goods & Chattells of 
the Orphans into the hands of such persons as they shall think 
fitt tak g bond w* two Sufficient sureties in the name of the 
Orphans themselves for securing and delivery of the said 
Estate to the s a Orphans or their Guardians, when thereunto 
lawfully called according to the rules and directions hereafter 
by this Act prescribed Established and ordained and not other- 
wise, which Rules shall be rules not only for the Justices of 
the County Courts to proceed by in taking the Acco ts of Guar- 
dians or Trustees for Orphans, But also for the Judge of pro- 
bate of Wills and granting Administrations in the taking 
p . 13 acco* 5 of Orphans Administrators and bare Executors to the 
benefitt of others nor shall the judge make any other allow- 
ances to any Admin r or Administrators upon his or their 
Accompt but for debts bona fide owing by the Dec d & really 
paid or secured to be paid by the severall & respective Ad- 
ministrators 

Imp'mis No negro or other slave shall be sold or disposed 
of by any Adm rs for payment of debts or otherwise reserved 
for the Adm^ own use in Satisfaction of any debts due to the 
said Adm r nor any Execution served uppon Negroes or other 
slaves so long- as there shall be other goods of the deceased 
Sufficient to satisfy the just debts of the deceased but shall be 
kept upon the hazard of the Estate and Imployed for the 
benefitt of the creditors and Orphans (if any be) during the 
first year, at the end of which the Adm rs is to acco 1 for the 
Estate and the proffit of such slaves shall be Assetts to the 
Creditors and devideable between the wife Children and Rela- 
tions of the said Deceased if there be no Creditor 5 

2 d!y That no Account be allowable for Dyet Cloaths Physick 
or Education to any Administrator or Guardian to any orphan 
ag st the Estate of the Intestate or against the filial -pte of any 
Child committed to any Gardian or other persons intrusted 



Assembly Proceedings, May \o-June 9, 1692. 433 

by the County Court, but that the said Orphan shall be main- Lib. l. 
tained and Educated by the Interest of their Estate and No " '" 
encrease of their Stocks so far forth as the said interest and 
encrease will extend. But if the Estate be so small that it will 
not extend to a free Education, such Orphans shall be bound 
prentices to some handycraft Trade or other person at the 
discretion of the County Courts untill they arrive to the 
age of one and twenty years except some kinsman or Rela- 
tion or some other charitable Person will mainteyn them, 
on the Interest of the finall Estate they have without any p- m 
diminution of the principall which shall always be delivered to 
the Orphans at the years hereafter in this Act limitted and 
appointed Provided alwayes that no Orphan shall be put 
into the hands of any person of different Judgement in Re- 
ligion to that of the deceased parents of the said Orphans. 

3 dly That all cattle horses and sheep shall be returned in 
kind by the Guardians or other persons intrusted with the 
Orphans Estate (That is to say) so many Cattle horses and 
sheep as they received of the same age as the Cattle horses 
and sheep were of at the time they were deliv r ed to the Guar- 
dians or Trustees of such Orphans. 

4 thly That all money Plate Rings and Jewells be preserved 
and not used by the Guardian or Trustees and delivered in 
kind to the said Orphans when they come to age, And that 
all household stuff and lumber be appraised in money and not 
otherwise and the Value thereof paid by the Guardians unto 
the Orphans as aforesaid, either in money sterl according to 
the Appraisment or in Toba. at the then price currant. And 
in case any difference shall arise what shall be the price curr' 
at the day of Payment in the Bond taken & limitted The 
Judges of the County Court where the Orphans Estate doth 
ly shall then determine what shall be the price Current 

5 Iy That every male Orphan shall be at full age to receive 
from his Guardian his Estate at the Age of one and twenty 
years and not before, But in case any person by his last will 
and Testament do appoint any Person to be his Executor or 
Executors that is full Seventeen years of age, that person so p- *s 
appointed shall be of sufficient age to administer as Executor 
or Executors, and if such Executor or Executors be under the 
Age of seventeen years, the Administration shall then be 
cofnitted to such other persons as the Judge for Probate of 
Wills and granting Letters of Administration shall approve 
durante minoritate, and to the sole profitt use and behoof of 
the Instant Executor or Exec rs and not otherwise, nor in any 
other manner, And forasmuch as the right to Administration 
of the Goods of persons intestate may fall upon persons under 
the age of seaventeen years It is hereby declared that as 



434 Assembly Proceedings, May \o-June 9, 1692. 

Lib. l. l. they are within like reason, soe they are within like Law with 
°" x " infant Execut' 3 

6 ly That every female Orphan shall be accounted of full 
age to receive her Estate at the age of sixteen years or day of 
Marriage which shall first happen 

7 thy That all negroes and other slaves after the Trans- 
mitting of the Estate to the County Court as aforesaid shall 
be appraised to the Guardians or Trustees and be preserved 
by them and be Imployed to the said Guardians or Trustees 
use and benefkt, and the like number of slaves and of the like 
ability of body be returned to the said Orphans out of their 
encrease if any be at their full age by this Law limitted, And 
if any of the said slaves be grown aged or otherwise Impotent 
or be lamed, and that the encrease will not make the originall 
stock good as to the number and ability of body, that then 
they shall be again appraised by the said County courts and 
the Guardians or Trustees, shall pay to the said Orphans so 
much money or Tobacco as the County Court shall judge the 
Orphans stock of negroes then to be of less Value then they 
were of, at the time of their first appraism' and the delivery of 
the said Slaves to the said Guardian or Trustees. But in case 
p. 16 no Guardian or other person will upon these Terms accept of 
these slaves Then it shall be lawfull for the said severall and 
respective County Courts to putt the said Slaves out upon 
any other Terms to any other person, so that the said Originall 
stock of slaves be not sold nor any of their encrease, but in 
the best manner may be preserved for the Orphans till they 
come to their severall ages by this Act limitted and appointed, 
to the intent they may have their first stock made good to 
them in number value & ability of body if it may be. 

gthiy That a U that are Servants for years be likewise re- 
turned in kind to the Orphans at their full ages (that is to say) 
the same number of the same age and sex, and the like 
number of years to serve and of the same Ability of body as 
near as can be guessed as the Serv ts were when received by 
the Guardian or Trustee 

Whereas every Administrator in his Inventory incerteth 
what Debts are sperate & what are desperate & upon Acco ts 
is allowed what debts are desperate, the Judge for the Probate 
of Wills shall transmitt those desperate debts w th the division 
of the overplus of the estate unto the severall & respective 
Justices of the county Courts where the Estate shall lye, to the 
end the said Justices may enquire whether the said Adminis- 
trators have by fraud or otherwise neglected to recover the 
same, or have received and never accompted for the same, 
and shall with the residue of the said Estate committ the said 
desperate Debts to the care of the Guardian or other Trustee 



Assevibly Proceedings, May \o-June 9, 1692. 435 

by them Imployed, and shall yearly and every year call the Lib. l. l. 
said Guardian or Trustee to accompt for the same and duly G " 7 r " 
inspect what of the said debts they have received or might 
have received, And if the said Guardian or Trustee faile to 
give his Accompt yearly or by fraud or Covyn neglect or for- 
bear to recover the same, the said Guardian or Trustees shall 
stand charged therewith and be accountable for every such 
Debt by them received and not accounted for or neglected or 
forborne to be recovered. 

That all Justices of the County Courts take able & sufficient 
security for Orphans Estates, and enquire yearly of the 
security, and if there be just cause that they require new and 
better security to remove the Orphans Estate into better 
hands, and further that the Justices of the County Courts shall 
yearly in June Court enquire by a Jury of twelve men whether 
the Orphans be kept mainteyned and educated according to 
their Estates, and whether Apprentices are yearly taught their 
Trades or rigorously used or turned to common labour at the 
Ax and hoe instead of learning their Trades, and if they find 
the Orphans not mainteined and educated according to their 
Estates or the Apprentices neglected to be taught their Trades 
upon pretence that the last year is enough to learn the Trade, 
That they remove them to other Guardian or Masters respec- 
tively And in case that the Jury shall find that any Appren- 
tice is not taught his Trade but put to other labour as afore- 
said, The said County Court shall condemn the said Master 
of such an Apprentice to make the Apprentice such satisfac- 
tion as in Justice his years labour at other work shall deserve 
and five hundred pounds of Tobacco to be paid to the said 
Orphan 

1 I th That the Justices of the County Courts cause the con- 
ditions of the Bonds they take of Guardians or Trustees or 
Orphan Estates to be exactly drawn according to the Act and 
Recorded in the County Courts, and the Indenture for Ap- 
prentices likewise That it may duly appear to the Judges p. is 
wheth r Guardians Trustees or Masters do right between them 
and to that end that they cause the said Clerk of their court 
to present the Jury with a List of the Orphans and Apprentices 
in their Counties every June Co rt 

12 th That no more be allowed to a Guardian or Trustees 
for Collecting debts due to Orphans then Ten *p c' the usuall 
allowance to Administrat" and Factors by the Merchants 

13 th And further in regard by the Judge or Comissary 
Gen 11 for proving of Wills and granting Administrations, there 
is a saving to all Persons of their right of appeal from the 
Sentence of the said Judge to the cheif Govern 1 " for the time 
being of this Province. Be it enacted that all and every per- 



436 Assembly Proceedings, May \o-June 9, 1692. 

Lib. l. l. son appealing from the sentence of the said Judge shall w th in 
No " l ' fifteen days at the furthest after such Sentence given enter his 
appeal before the said Governor and within fifteen daies more 
Petition the Gov r of this Province for the time being to Examine 
the Sentence of the s d Judge or appoint such other person or 
persons as he shall think fitt to hear and determine the same 
whose sentence shall be finall without further appeal Repeale 
or review, And for that divers Bonds have been taken by the 
respective County Courts of this Province in the name of the 
Worshipfull Comissioners of the County Courts or in some 
such other Termes amounting thereunto and for the use of the 
severall respective Orphans in the severall and respective 
Counties of this Province, with condition to pay unto the said 
Commissioners or Justices of the Peace, the respective sums 
of Tobacco or money in the respective Conditions contained 
in pursuance of this Act when in truth the said Comissioners 
p- l 9 of the County Court are no body Politique nor capable of 
suing the said Bonds so as before taken to and for the use of 
any Orphans in this Province Bee it Enacted by the Authority 
aforesaid that all Bonds so as before taken to and for the use 
of any Orphans in this Province in pursuance of this Act shall 
be sued and recovered in the name of the Orphans to whose 
use such Bonds were taken either in the County or Provinciall 
Court at their Election and choice of the said Orphans any 
Law Statute or useage to the Contrary hereof, in any wise not- 
withstanding. And for the ease and benefit of the good 
People of this Province that hereafter shall have occation to 
resort to the Judge in Testamentary Causes for Probate of 
Wills and granting of Administrations Bee it Enacted by 
the Authority aforesaid that the Commissary Generall of this 
Province Chancellor or other Person that shall from time to 
time be appointed a Judge in Testamentary Causes for grant- 
ing of Administration shall from time to time and at all times 
during his continuance in the said Office constitute Ordain 
and appoint some able and Sufficient person of good repute 
and a freeholder in every respective County in this Province, 
to take the probate of any last will or Testament of any Person 
or persons either nuncupative or in writing, even tho the same 
be concerning title of Land, & likewise the granting of any 
administrations of any Person dying intestate in the respective 
counties where each person or persons so appointed shall 
reside & Inhabit, which said person in each respective county 
in this Province so appointed as aforesaid, shall and may take 
the proof of any Will whatever as aforesaid of any person as 
aforesaid within the county aforesaid, and grant Letters Testa- 
mentary upon the same, And likewise grant any Administra- 
tions to any Person or persons whatsoever, that right hath to 



Assembly Proceedings, May \o-June 9, 1692. 437 

the Administration of any Person Deceaced within the County Lib. l. i„ 
where he dwelleth as aforesaid, But if any contest or dispute ° 20 1- 
shall arise between any persons concerning the right to 
Administration or Executorship, the same shall be decided by 
the Chancellor or Commissary Generall or Judge in Testi- 
mentary Causes & not by such person app td in each County 
as aforesaid, neither shall such person grant such Administra- 
tion or take the probate of such Will till such time as such 
dispute or difference is decided and determined by the proper 
Judge thereof, and certificate from such Judge of the same, 
And such person so appointed as aforesaid shall and is hereby 
allowed as a Fee for granting such Letters of Administration 
as aforesaid, Swearg the Administrator and appraisors or for 
the probate of any Will or swearg every Executor or Execut" 
and Letters testamentary, the sume of one hundred and fifty 
pounds of Tobacco to be paid by such person or persons re- 
quiring administration or Letters Testamentary as aforesaid 
unless the Estate be so small as not to amount to the sum of 
two thousand pounds of Tobacco, In every such case where 
the Estate is of less value then two thousand pounds of 
Tobacco as aforesaid there shall be paid to such person so 
appointed for such Letters of Administration or Letters Testa- 
mentary as aforesaid, the sum of fifty pounds of Tobacco & 
no more, any Law Statute or useage to the contrary hereof in 
any wise notwithstanding 

June 2 d 1692 June the 2 d 1692 

Assented to by the Councill The house of Assembly have 

chamb r Assented 

Signed *p Ord r Signed "p Ord r 

John Llewellin Clk. Hen: Denton Clk. 

An Act for settlement of an Anuall Revenue p. 21 

upon their Majesties Gov r within this Province 
for the time being. 

Whereas by an Act of Assembly formerly made Entituled 
an Act for providing a Support for the Lord Proprietary of 
this Province & likewise a supply for the defraying the Publick 
charges of Gov r ment it was by the said Act Published and 
declared that from and after the first day of Septemb r then 
next ensuing, there should be raised Leavyed collected and 
paid to the said Lord & Proprietary the sum of two shillings 
sterl for every hhd & Quantity of an hh d of Tobacco which 
should be at any time thereafter shipt in any Ship or Vessell 
to be Exported out of this Province on Condition that his 
said Lord p should receive his Rents and Fines for alienation 
of Land in good sound Merchantable Tobacco when tendred 



438 Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. at the rate of two pence per pound for one moiety of the 
°* l ' imposition afores d the other moiety by the said Act raised 
to be imployed towards the Maintaining a Constant Maga- 
zine and defraying other publick & necessary charges of the 
Government. And whereas the freemen of this Prov" now 
assembled upon strict scrutiny made into the premisses, do 
find his said Lords p hath not only been very deficient and at 
small charges and expence in maintaining a Magazine as 
aforesaid, but that this Province hath been oblieged to defray 
all publick charges arising for the support of Government by 
way of an equall assessment up n the Inhabitants thereof, the 
severall provisoes in the afore recited Act to the contrary not- 
withstanding, And whereas also his said Lo pp .the aforesaid 
moyety of two shill p hh d under pretext of maintaining a 
p- 22 magazine as aforesaid hath hitherto converted the same to his 
own use to the Impoverishing of the Country and defraud of 
the Publick and being now incapacitat d of complying with what 
by the said Act for the said Moyety of two shillings p hh d is 
required. Bee it therefore Enacted by the King and Queens 
most Excellent Majes ts by and with the advice and consent of 
this present Generall Assembly and the Authority of the same, 
that the said one shilling p hh d for the defraying the charges 
of Government aforesaid commencing from this present 
shipping as well for such ships or Vessells as have already 
cleared before the making of this Act as for such remaining 
in this Province be raised leavyed Collected and paid unto 
Our Soveraign Lord and Lady the King and Queens most 
Excellent Majesties their heirs and Successors for the support 
of their Governor for the time being in and over this their 
Maj ts Province aforesaid and Territories to the same belonging 
for every hh d or quantity of a hh d of Tobacco which hath been 
for and during the time aforesaid, or which hereafter shall be 
at any time shipp'd in any ship or Vessell to be Exported out 
of this Province or any the Territories, Islands, Ports, Rivers, 
Creeks or places thereunto belonging as aforesaid And be 
it further Enacted by the Authority aforesaid, by and with the 
advice and consent aforesaid, that the said duty & Imposition 
shall be from time to time paid and satisfied by the Masters 
or Master of every such Ship or Vessel respectively in which 
any such Tobacco shall be Exported upon his or their clearing 
p. 23 and taking out his or their dispatch or dispatches for every 
such respective Ship or Vessell and before the departure of 
such Ship or Vessel coming into this Province shall at their 
first arrivall here and before their loading on board any 
Goods or Commodities of the growth production & manufac- 
ture of this Province, give good and sufficient security to his 
Exc" cy or to the Officer thereunto especially appointed for the 



Assembly Proceedings, May \o-June 9, 1692. 439 

payment of the said duty or Imposition accordingly Provided Lib. l. l 
airways and it is the true intent and meaning hereof, that this °* *' 
Act nor any thing herein conteyned, shall be adjudged con- 
strued reputed or taken to disanull or make void his Lord- 
ships Right to the other moyety of the said two shillings p hh d 
to be paid in consideration of his Rents and alienacon money 
in Tobacco at two pence p pound during the terme of his 
naturall life (but that the same be kept & hereby preserved to 
his Lordship in as full and ample manner as by the said Law 
is expressed or intended or in the least to discharge his Lo p 
for receiving the Rents aforesaid at 2 d p 1 as by the said Act is 
enjoyned during also the terme of his naturall life nor to dis- 
charge his Lordship from accounting for the Arr rs of one shil 
p h d for supporting of the Gov r m ts and finding Arms & 
Amunition, but th' he be obliged to all the Matt rs & things 
as fully and strongly as if the said Law were in full force. 
And be it further Enacted by the Authority aforesaid that 
every Master of a ship or Vessell as aforesaid at the time 
of his clearing, shall upon Oath declare the quality and quan- 
tity of his loading, and that the Navall Officer by the Governor 
aforesaid for the time being shall and is hereby impowered to 
administer the said Oath, and in case the said Master shall p- 2 4 
refuse the said Oath or upon suspition of having goods on 
board for which he hath not cleared, it shall be Lawfull for the 
said Navall Officer to Enter on board any such ship or Vessell, 
the same to search for any such Goods as aforesaid any thing 
in this Act before mentioned to the contrary notwithstanding. 

June 7 th 1692. June the 6 th 1692 

Assented to at the Councill Board. The house of Assembly 
Signed p Order have assented 

W Taylard Clk Assist 1 Signed p Ord r 

Hen Denton Clk. 



An Act against Divulgers of false News. 

Whereas many Idle and busy headed People do forge and 
divulge false rumours and Reports to the great disturbance of 
the Peace of Our Soveraign Lord and Lady the King and 
Queen and their liege people of this Province. Be it Enacted 
by the King and Queens most Excellent Majestys by and with 
the Advice and consent of this present Generall Assembly & 
the Authority of the same, that what person or persons soever 
shall forge or devulge any false reports tending to the trouble 
of this Province that he or they shall be by the next Justice of 
the Peace sent for & bound over to the next County or the 
Provinciall Court where if the thing related be materiall and P . 25 
that he produce not his Author being legally convict thereof, 



44° Assembly Proceedings, May \o~June 9, 1692. 

Lib. l. l. he shall be fined two thousand pounds of Tobacco or less if 
°' L ' the Court shall think fitt to lessen it, and besides give bond 
w th security for his good behaviour if it appears to the Court 
that he did maliciously publish and invent the same. And be 
it further enacted by the Authority aforesaid that whosoever 
shall after the passing of this Act, Maliciously and advisedly by 
writing speaking or otherwise express publish or declare any 
words sentences or other thing or things to the defaming or 
scandall of their Majesties Govern r or Comander in cheif for 
the time being and thereof legally convict shall be Imprisoned 
six months without bayle or main prize, and incurr such for- 
feitures as the Justices before whom such matter is Tryed shall 
adjudge not exceeding the sum of Ten thousand pounds of 
Tobacco to Our Soveraign Lord and Lady the King and 
Queen their heirs or successors for the support of Government 
And be it further Enacted that whosoever shall maliciously & 
advisedly by writing speaking or otherwise express publish 
utter & declare any words sentence or other things to the 
scandall of their Majes ts Councellors Judges & Justices or 
other principall Officers in relation to their severall Office or 
Offices as afores d being thereof legally convicted shall be 
Imprison'd during three months w th out bayle or main prize & 
incurr such Fine & forfeitures as the Justices before whom 
such matter is Tryed shall adjudge not exceeding the sum of 
five thous d pounds of Tobacco to our Sov r aign Lord & Lady 
the King & Queen their heirs or success" &c a any Act or 
Ord r to the contrary notwithstanding. June the 4 th 1692. 
June 4 th 1692. Assented to by 1 The house of Assembly 
the Councill Board. I have assented. 

Sign'd p Ord r | Signed *p Ord r 

John LLewellin Clk. J Hen: Denton Clk. 

p. 26 An Act for Naturalization. 

Whereas nothing can contribute more to the speedy setling 
aud peopling of this their Majesties Province of Maryland 
then that all possible Encouragem 1 should be given to persons 
of different nations to Transport themselves hither with their 
families and Stocks Be it therefore Enacted by the King and 
Queens most Excellent Majesties with the advice and consent 
of this present Gener 11 Assembly and by the Authority of the 
same, That it shall and may be lawfull for the present Gov- 
ernor of this Province during the time of his continuing Gov- 
ernor by a Publick Instrument under the broad Seal thereof, 
to declare any alien or aliens forreigner or fforreigners being 
already setled or Inhabitants of this his Majesties Province, or 
such as shall hereafter come to settle plant or reside in it and 



Assembly Proceedings, May \o-June 9, 1692. 441 

having taken the Oath of Allegiance before the Governor or Lib. l. l. 
Commander in Cheif to be to all intents and purposses fully No- u 
and compleatly naturalized, and the said persons so approved 
of and named in the said Letters Patents as aforesaid, shall by 
vertue of this Act have and enjoy to them and their heirs the 
same Imunities and Rights of and unto the Laws and privi- 
ledges of this Province, and as fully and amply as any of his 
Majesties naturall born Subjects have or Enjoy within the 
same, as if they themselves had been born within any of their 
Majesties Realms and Dominions any former Law Act Ordin" 
useage or Custom to the contrary in any wise notwithstand- 
ing. And to the intent the said Letters Patents and Instru- 
ments under the broad Seale of this Province as aforesaid, as p- 27 
may be obteined without any great difficulty or charge, Be it 
further Enacted that the Govern r during his time of being 
Governor shall have and receive for the same the sum of three 
pounds sterling money and his Clerk for writing it Ten shil- 
lings and no more, and the severall Persons naturalized shall 
pay respectively Provided that nothing in this Act conteined 
shall be construed to enable or give power or Priviledge to 
any forreigner to do or execute any Matter or thing which by 
any of the Acts made in England concerning his Majesties 
Plantations he is disabled to do or Execute 
June 4 th 1692 Assented to by "] June 4 th 1692 The house of 
the Councill Board. [ Assembly have assented 

Signed p Ord r j Signed p Ord r 

John LLewellin J Hen: Denton Clk Assembly. 

A Supplementary Act to the Act for settlement 
of an Anuall Revenue upon their Majesties Gov- 
ernor within this Prov" for the time being. 

For the setling of an Anuall Revenue upon their Majesties 
Governor of this Province for the time being and untill such 
time as farther measures can be taken to bring- the said Rev- 
enue to a greater certainty. Be it Enacted by the King and 
Queens Most Excellent Maj ts by and with the advice and con- 
sent of this present Generall Assembly and the Authority of 
the same, that from and after the Tenth day of October next 
ensuing this present Sessions of Assembly, that three pence 
Sterling over and above the one shilling p hh d on every hh d of p- 2S 
Tobacco be the same in Caske or in bulke that shall be 
Exported out of this Prov ce be raised leavyed Collected and 
paid unto their Majesties their Heirs and Successors for the 
Support of their Governor of this Province for the time being 
in such forme and Manner as by the aforesaid Act for the 
one shilling p hh d is limitted and allowed, any thing in the 



44 2 Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. afore recited Act to the contrary notwithstanding. This Act 
°" x " to endure for three years certaine. 

4 th June 1692. Assented to "| June the 4 th 1692. The house 

by the Council] board I of Assembly have Assented. 

Signed p Ord r f Signed p Ord r 

John Llewellin Clk J Hen: Denton Clk Assembly. 

An Act for Securing the Rights of 
Severall Persons. 

Whereas many and frequent complaints have been made by 
divers good People of this Province, who of late years have 
procured of the Lord Proprietary of this Province, warrants 
for the laying out and taking up severall quantities of Land 
within the same, and have past their Bond to his Lo p accord- 
ing to his late Conditions of Plantations for the same and by 
vertue of their Warrants the severall Surveyors of this Prov- 
ince had before the Revolution of affairs within the same, sur- 
veyed and laid out pursuant to the said Warrants severall 
Tracts and parcells of Land for them or to their Assigns, and 
p. 29 either had returned the Certificate of the same unto the 
Examiner or had it in their hands ready to return before the 
revolution as aforesaid, but the same Certificate eith r not 
arrived in the Land Office of this Province, or if the same was 
noe Pattents as yet for the same granted, and his Lordship 
having shut up the Land Office of this Province, and no Per- 
son being Qualified to Grant Patents for the same they and 
others in the like Condition are in great danger of loosing the 
benefit and Estate of and in their said Lands so laid out and 
Surveyed as aforesaid, in tender consideration whereof and for 
the prevention of such Evills and Inconveniencys within this 
Province your Majesties most dutifull and loyall Subjects the 
Burgesses & deligates of this present Generall Assembly on 
the behalf of the good People of this Province do humbly 
pray that it may be Enacted and be it Enacted by the King 
and Queens most Excellent Majesties by and w th the advice 
and consent of this present Generall Assembly and the 
Authority of the same, that any person or persons whatsoever 
being free Denizens and Subjects to the Crown of England, 
that at any time heretofore with" the space of five years last 
past, had obteined of his Lordship the Lord Proprietary of this 
Province from himself or from any person by from or under 
him any Warrant or Warrants for any parcell or parcells of 
Land either of Resurvey or to be taken up within this Prov- 
ince, and by vertue of which any parcell or parcells of Land 
whatsoever was by any lawfull Surveyor or any County within 
this Province Surveyed and layed out at any time before the 



Assembly Proceedings, May 10—June 9, 1692. 443 

Revolution of affairs before the Tenth day of July which was Lib. l. l. 
in the year of Our Lord 1689 and no Pattent as yet by his No " Im 
Lordship granted for the same, such person or persons by P- 3° 
himself or his Attorney at any time within twelve months 
from and after Publication of this Law in the County where 
such Land lyeth as aforesaid, and producing to the Justices of 
the said County Court or a Certificate under the hand of such 
Surveyor as made the Survey of any parcell or parcells of 
Land as aforesaid, and proving the same by the Oath of such 
Surveyor if living, or by the book of such Surveyor or other 
Evidence if the Surveyor be dead, that the same parcell or 
parcells of Land was really and bonafide laid out and Surveyed 
for such person or persons by Warrants for the same before 
the Revolution of affaires in this Province in the year aforesaid 
and fileing the said Certificate, and Oath in the Records of 
the said Court. It shall and may be Lawfull to such person 
or persons to have use occupy and Enjoy all such Lands and 
Tenements so laid out and surveyed as aforesaid. And it is 
hereby declared and Enacted that such person or persons 
shall have and Enjoy a pure and lawfull Estate of Inherit- 
ance in fee simple of in and to all parcell or parcells of 
Lands or Tenements according to the Conditions of Planta- 
tions upon which such warrants were granted as aforesaid, 
together with all priviledge grants and Imunities whatsoever 
incident appertaining or belonging to the same, although not 
in this Act so largely and particularly exprest as fully and 
absolutely as if a Patent from his Lordship had been granted 
for the same, any Law Statute or useage to the Contrary here- P- 3 1 
of in any wise notwithstanding And forasmuch as many per- 
sons having Purchased of his Lordship warrants for taking up 
of Lands within this Province and passed their obligations for 
the same as afores d which obligations many of them are paid 
and many others ly out against them, and yet no Land taken 
up or Surveyed according to the Tenor of the said Warrants, 
and although his Lordship by his Officers appointed under 
him doth demand and require the Tobacco so due by the obli- 
gations as afores d yet refuseth to renew such Warrants for 
such Lands so paid for or secured to be paid for Be it there- 
fore Enacted by the Authority aforesaid by and with the advice 
and consent afores d that any person or persons whatsoever 
having such warr 1 or warr ts in their hands and unexecuted as 
aforesaid, shall or may repair to his Lordships Agent Receiver 
Generall or other Person for such purpose Authorized and 
informe them of the same, and if thereupon such Recev r 
Generall or Agent or other person Authorized as aforesaid, 
shall refuse to deliver up such obligation to such person or 
persons having such Warr' or Warrants unexecuted as afore- 



444 Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. said and delivering up the same, upon delivery of such Bond. 
That then it shall and may be lawfull to such person or per- 
x sons to Survey and take up by a Sworn Surveyor of the 
County aforesaid, any Lands not before taken up or otherwise 
reserved according to the Tennor of such warrant or War- 
rants and the Certificate thereof returned to the County Court 
with the proving and Recording the same as before in this 
Act is sett down and directed such person shall have and 
Enjoy a good sure firme Estate of Inheritance in fee Simple 
p- 3 2 as fully and Amply as before in this hex is Enacted and 
granted to such Persons who had Surveyed any Land before 
the revolution but had no Patent for the same, any Law 
Statute or useage to the contrary hereof notwithstanding 
June 4 th 1692 ] June 2 d 1692 

Assented to by the Councill [ The house of Assembly have 
Board Signed -p Ord r f Assented 

John Llewellin Clk J Signed p Ord r 

Hen: Denton Clk. 



An Act for Appeals and Regulating 
Writts of Error 

Forasmuch as the liberty of Appeals from the Judgements 
of County Courts is found to be of great use and benefit to 
the People of this Province Bee it therefore Enacted by the 
King and Queens most Excellent Majesties by and with the 
Advice and Consent of this Gen" Assembly and the Authority 
of the same, That no Execution upon any Judgement in the 
County Courts or other inferiour Courts of Record in this 
Province, shall be stayed or delayed or any supersedeas upon 
such Judgement granted or sued forth upon any appeal from 
33 any such Court or Courts of Record as aforesaid to the Pro- 
vinciall Court of this Province in any Action whatsoever unless 
such person or persons in whose name or names such appeale 
shall be made or some other on his or their behalfe shall 
irhediatly upon making such appeal enter into Bond with 
sufficient surety or suretys (such as the Court where such 
Judgement shall be given shall allow & approve of) to the 
party for whom any such Judgement is or shall be given in 
the penalty of double the same adjudged to be recov rd by such 
Judgement of such County Court or other inferior Court from 
whom the said appeal shall be made with condicon that if the 
party appealeant shall not pursue the directions of this Act 
hereafter menconed at the Provinciall Court then next ensuing 
according to the Rule of the Provinciall Court and prosecute 
the same with effect, and also satisfy and pay to the said party 
his heirs Executors Administrators or Assigns in case the said 



Assembly Proceedings, May \o-June 9, 1692. 445 

Judgement shall be affirmed as well all and singular the debts Lib. l. l. 
damages and Costs adjudged by the Judgement, as also all No " r ' 
Costs and damages that shall be awarded at the Provinciall 
Court for the same delaying Execution then the said Bond to 
stand in full force and Vertue And Whereas it hath been 
found of ill consequence to this Province that no Provision 
hath been made for the limitation of Appeals from the severall 
& respective Counties to the Provinciall Courts. Bee it there- 
fore Enacted by the Authority aforesaid by and with the advice 
and Consent aforesaid that no person or persons whatsoever 
against whom any Judgem ts shall be given in any County 
Court within this Province, wherein the debt or damages, for 
which such Judgement shall be given as aforesaid, doth not 
amount to or exceed the sum of twelve hundred pounds of 
Tobacco shall be allowed any appeal but such Judgement by p- 34 
the Justices of the County Court so given andentred as afore- 
said shall be diffmitive for any debt or damages under the 
sum afores d any Law Statute or useage or Custome to the 
contrary notwithstanding. And whereas also by the Law of 
England there is no rules prescribed for the Prosecution of 
Appeals (being not altogether agreeable to the Practice of the 
same Law) yet being found necessary and convenient for the 
good of this Province as aforesaid Bee it therefore Enacted 
by the Authority aforesaid that the Method and Rule for pro- 
secution of such Appeals as aforesaid shall for the future be 
in manner & forme Expressed (that is to say) the party ap- 
pealeant shall procure a Copy or transcript of the full proceed- 
ings of the said Court from whence such appeal shall be made 
under the hand of the Clerk of the said Court and the Seal of 
the said Court, and shall cause the same to be Transmitted to 
the Provinciall Court the next ensuing, and shall also at the 
same Provinciall Court file in writing- according to the Rules 
of the Provinciall Court such Error in the said Proceedings as 
he shall think fitt to Assign or such Causes or reasons as he 
had for making the said Appeale. Whereupon and upon the 
said Transcript the Provinciall Court shall proceed to give 
Judgement as in Cases of Writts of Error is usuall Provided 
this Act shall not extend to barr any Person or Persons from 
suing out Writt or Writts of Error according to due Course 
of Law but that every such person or persons shall be left to p- 35 
their Elections whether they will bring a writt of Error or sue 
out an Appeal as aforesaid Provided also that every person 
or persons that shall sue out any writt of Error or supersedeas 
in any case whatsoever shall before such Writt of Error or 
supersedeas be Issued enter into bond w th the penalty of 
double the same adjudged to be recovered by the former 
Judgem' of the Inferiour Court before the Chancellor or Sec- 



446 Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. retary of this Province for the time being, with sufficient 
suretys or securities to prosecute such Writt of Error with 
Effect, And in case the said former Judgement shall be 
Affirmed, to pay and Satisfy as well and singular the debts 
damages & costs adjudged by the said iormer Judgement of 
the Inferior Court, as also all Costs and damages as shall be 
atwarded by the superior Court where such writt of Error is 
returnable. And be it further Enacted by the Authority afore- 
said, that all and every appeals made in manner aforesaid 
from henceforth by the Provinciall Court of this Province shall 
be admitted and allowed of in nature of a Writt of Error. 
And be it further Enacted by the Authority aforesaid that all 
and every Clerk and Clerks of the respective County Courts 
or other Inferior Courts of this Province shall be and is hereby 
oblieged at the time of such Courts sitting when any appeal 
shall be demanded to enter a mention of such demand as well 
in his or their Journall as in the fair Record of the Proceedings 
of such Court or Courts, And that no Clerk or Clerks of any 
County Court or other Inferior Court of record of this Prov- 
ince for the future refuse or delay upon the request of any 
such appealeant to write & make out Transcript or Transcripts 
of such proceedings as aforesaid, under his hand and Seal of 
the said Court as aforesaid, upon penalty to pay the respective 
P- 3 6 damage and damages which such person or persons shall sus- 
tein by such refusall or delay as aforesaid, the party Appellant 
paying or securing such respective Clerk his just Fees for the 
same according to Law. And be it further Enacted by the 
Authority aforesaid that no Officer or Officers within this 
Province shall hereafter for any Writt of Error supersedeas or 
Scire facias to hear Judgement upon Error from the Provinciall 
Court of this Province to any County Court or other inferior 
Court of this Province, receive or demand any other fee or 
fees then is hereafter menconed, (that is to say) for a writt of 
Error to the Secretary fifty pounds of Tobacco, and to the 
Chancell r for the seal thereof i20 lb of Tobacco, for a super- 
seadeas to the Seccretary fifty pounds of Tobacco, and to the 
Chancellor for the seal thereof 1 20" 3 Tobacco, for a Scire facias 
to the Secretary 5<D lb Tobacco and to the Chancellor 1 2o' b To- 
bacco and no more any Act heretofore made or any Law 
useage or custom to the contrary in any wise notwithstanding. 
June 4 th 1692 June 2 d 1692 

Assented to by the Councill Board The house of Assembly 
Signed -p Order have Assented 

John Llewellin Clk Signed p Order 

Hen: Denton Clk. 



Assembly Proceedings, May io-June 9, 1692. 447 

An Act for the easment of the Inhabitants of n^'i L " L ' 

this Province in suits at Law for small debts. p . 37 ' 

Whereas the Inhabitants of this Province have been much 
grieved molested and troubled by being forced by Provinciall 
Writts to appear at the Provinciall Courts and fee Attorneys 
there notwithstanding the debts sued for are very small and 
within the cognizance of the County Courts of this Province, 
for prevention whereof for the future Be it Enacted by the 
King and Queens most Excellent Majesties by and with the 
advice & consent of this present Generall Assembly and the 
Authority of the same, that from & after the Publication 
hereof, no accon for a book debt or plain bill for or under the 
sum of fifteen hundred pounds of Tobacco & Cask shall be 
prosecuted or cofnenced against any Inhabitant of this Prov- 
ince in the Provinciall Court, except only upon Appeals from 
the County Courts of this Province and Attorneys of the Pro- 
vinciall and County Courts for their fees only where they are 
Attorneys, and that no Attorney of the Provinciall Court shall 
be allowed any priviledge to debarr him from being sued in 
the County Court where he lives And be it further Enacted 
by and with the advice and consent aforesaid that if any 
person Plaintiff shall commence or prosecute any suite or 
plaint in the Provinciall Court of this Province for or under 
the sum fifteen hundred pounds of Tobacco & Caske in 
manner and forme as aforesaid, shall suffer a noh suite and 
pay such Cost to the Debt as are usually granted by the 
Provinciall Court of this Province. 

And be it further Enacted by the Authority aforesaid that 
an Account Sworn to by the Plaintiff or a Bill proved by his 
Evidence before any Justice of the Provinciall Court or any 
two Justices of the County Court within this Province shall be p- 3 8 
sufficient Evidence to prove the said Debts in any County 
Court within this Province Provided always that the Party 
who shall swear or give evidence as aforesaid before one 
Justice of the Provinciall Court or two Justices of any County 
Court to prove any Debt as aforesaid shall at the same time 
declare upon his Oath whither he knows of any payment or 
discount of any part or parcell of the account or Debt so to 
be proved, which shall be Certified under the hand or hands of 
such one Justice of the Provinciall Court or two Justices of the 
County Court before whom the said Account or debts shall be 
proved which Certificate made an signed as aforesaid shall be 
taken and received as Sufficient proof of any such debt or 
account as aforesaid 

And be it further Enacted by and with the advice & consent 
aforesaid that if any defendant upon Tryall can prove either 



448 Assembly Proceedings, May 10- June 9, 1692. 

.ib. l. l. by such Certificate as aforesaid or other sufficient proof that 
there is any sum of Tobacco paid to the Plaintiffe or his order 
in part of the Debt or Account sued for or due from the 
Plaintiff the County Court before whom such Tryall is had, 
may cause the same to be discounted in Court and give 
Judgem' thereupon ag st the Dep ts for so much onely as shall 
be remaining due to the plantiff w th Cost of suit 
June 2 d 1692 June the 2 d 1692 

Assented to by the Councill Board The house of Assembly 
John Llewellin Clk. have assented 

Signed p Ord r 
Hen: Denton Clk. 



p- 39 An Act for the due Recording of all the 

Laws in this Province in the Secretarys Office. 

The Governor and Councill Burgesses and Delegates of 
this p r sent Generall Assembly taking into their serious con- 
siderations the great danger and inconveniencies that hereto- 
fore have and hereafter may happen by the carelessness & 
negligence of the Laws of this Province by neglect of the 
severall officers and ministers of this Province in suffering the 
same to ly in loose Papers and unrecorded for prevention 
whereof for the future Bee it Enacted by the King and 
Queens most Excellent Majesties by and w th the Advice and 
Consent of this present Generall Assembly and the Authority 
of the same, That the Secretary of this Province in whose 
custody the Records of this Province remain, do at or before 
the Tenth day of September next ensuing cause all such Acts 
of Assembly and Laws of this Province as shall be of force at 
the end of this present Sessions of Assembly to be Entred 
upon Record in a large new Book of a large folio and good 
Substantial! paper well bound in a leather Cover for that pur- 
pose, to be kept only in the Secretaries Office in a fair and 
leagable sett hand and Charrecter, and shall also cause the 
same to be Examined by the Originall Acts remaining upon 
Record under the hands of the severall Clerks of the 
Assembly, and the Cheif Governor of this Province for the 
time being his Assent made thereunto at the End of the last 
Sessions of Assembly, and the same so Entred shall be sealed 
with the lesser seal and signed by the hon ble the Secretary, 
and that his hon r the Secretary do also cause a list and Cata- 
logue of the said Laws to be Entred in the said Book and an 
p- 4 ° Index or Table of the Principall matt r therein conteined to be 
made alphabettically for the more easy & ready finding out the 
Matters therein conteyned, and in default thereof by the time, 
aforesaid, the said Secretary shall Pay as a fine for the same, 



Assembly Proceedings, May \o-Jtme 9, 1692. 449 

the sum of Ten thousand pounds of Tobacco, one half thereof Lib. l. l. 
to their Majesties for support of the Government the other No " x " 
half thereof towards the building of a place to secure the 
Records, and when the same is so written and done the said 
Secretary shall at the next Generall Assembly be allowed and 
paid out of the Publick Leavy, so much Tobacco as the said 
Secretary shall resonably deserve. 

June 2 d 1692. June 2 d 1692 

Assented to by the Councill Board. The house of Assembly 
Signed p Ord r have assented 

John Llewellin Clk. Signed p Ord r 

Hen: Denton Clk. 

An Act ascertaining what damages 
shall be allowed upon Protested Bills of 
Exchange. 

Be it Enacted by the King and Queens most Excellent 
Majesties by and with the advice and Consent of this present 
Generall Assembly and the Authority of the same that there 
shall not be allowed to any Person or Persons whatsoever 
having just cause to implead any person or persons whatso- p- 41 
ever living or residing within Province in any Court within 
this Province upon any Bill of Exchange drawn from any sum 
or sums of money whatsoever payable in England or else 
where and brought in here protested more then the sum of 
twenty pounds p Cent damages over and above the debt sued 
for & recovered together with ordinary Costs of suite, any 
Law Statute useage or Custome to the Contrary notwithstand- 
ing, this Act to Endure for three years, or to the end of the 
next Generall Assembly which shall first happen 
June 2 d 1692 "] June 2 d i692 

Assented to by the Councill Board ! The house of Assembly 
Signed p Ord r j have assented 

John Llewellin Clk J Signed p Ord 

Hen: Denton Clk. 



An Act for quieting of Possions. 

Forasmuch as a good and beneficiall Law Entituled an Act 
for quieting Possessions was made the seven and twentieth 
day of March in the year of Our Lord one thousand six hun- 
dred seaventy and one in this Province, which by the use 
thereof hath been found very much conducing to the benefitt 
of the people of the said Province Bee it therefore Enacted by 
the King and Queens most Excellent Majesties by and with 
the advice and consent of this present Gener" Assembly and 



45° Assembly Proceedings, May \o—June 9, 1692. 

Lib. l. l. the Authority of the same, that all sales guifts and grants at 
p*42 an y ti me before the said seaven and twentieth day of March 
in the year of Our Lord 1671 and not after of any Lands 
Tenements or heriditaments within this Province by any 
person or persons whatsoever that right had to sell give or 
grant such Lands Tenements or hereditaments made by 
writing only with or without Seale shall forever hereafter be 
accounted good and available in Law to bar the heirs and 
Executors of such Vendors donors or grantors any Error in 
the forme only of such writing to the contrary notw th standing. 
And forasmuch as divers assignments of Patents written on 
the backside of such Patents for Land are now worne out, and 
also many other sales in paper either worn out or quite lost, 
for which the purchase money hath been bonafide paid Bee it 
further Enacted by the Authority aforesaid by and with the 
Advice and Consent aforesaid, that all sales guifts or grants 
at any time before the day and year aforesaid made by persons 
that Right had as aforesaid if either the sale guift or grant or 
payment bonafide can be proved by witness, such sale shall 
for ever hereafter be accounted good and availeable in Law to 
barr the heirs and Executors of such Vendors Donors or 
Grantors or other persons claiming Dower from such Vendor 
Donor or grantor any Law useage or custom to the contrary 
hereof notwithstanding 

June 2 d 1692 June the 2 d 1692 

Assented to by the Councill Board. The house of Assembly 
Signed p Ord r have Assented 

John Llewellin Clk Signed p Ord r 

Hen: Denton Clk. 



p. 43 An Act for the Publication of Marriages. 

Bee it Enacted by the King and Queens most Excellent 
Majesties by and with the Advice and consent of this present 
Generall Assembly & the Authority of the same, That all per- 
sons who shall desire marriage shall apply themselves either 
to a Minister Pastor or Magistrate for the contracting thereof 
And be it further Enacted by the Authority aforesaid, that all 
persons within this Province intending marriage shall make 
Publication thereof either at the Church Chappell County 
Court or meeting house next where they dwell, and that at 
such a time as such Church Chappell or meeting house shall 
be full and thereby Capeable to take Cognizance thereof, and 
that it shall and may be lawful] upon such Certificate had from 
the Minister Pastor or County Court when such Publication 
shall have been made of three weeks after the said Publication 
for either Minister Pastor or Magistrate to joyn in Marriage 



Assembly Proceedings, May \o-June 9, 1692. 451 

such persons as aforesaid, and if any Person shall presume to Lib. l. l. 
contract Marriage without such Publication made and Certifi- 
cate thereof had as aforesaid or without "pticular Lycence from 
the Governor for the time being, do privately within the limitts 
of this Province contract Marriage, every person soe Con- 
tracted or marryed shall be lyable to a ffine of one thousand 
pounds of Tobacco, and every such Minister Pastor or Magis- 
trate Joyning in Marriage any persons without such Publica- 
tion or Lycence or any wayes infringing this Act shall be 
lyable to a Fine of five thousand pounds of Tobacco, the one 
half of the said Fines to our Soveraign Lord and Lady the p- 44 
King and Queen their heirs and Successors for the Support 
of Government, and the other half to the Informer to be 
recovered by Bill plaint Action of debt or